The present report of the Working Group on Enforced or
Involuntary Disappearances is submitted pursuant to
Commission on Human Rights resolution 1994/39, entitled
"Question of enforced disappearances". (1) In
addition to the specific tasks entrusted to the Working
Group by the Commission in its resolutions 1992/30,
1993/35 and 1994/39, the Group has also taken into
account other mandates stemming from a number of
resolutions adopted by the Commission, entrusted to all
special rapporteurs and working groups. These are
explained in chapter II, section A "Legal framework
for the activities of the Working Group". All these
tasks have been given due attention and consideration by
the Working Group in the course of 1994.

During the year under review, the Working Group continued
to carry out the activities it has undertaken since its
establishment. Its primary role, which it has described
in previous reports, is to act as a channel of
communication between families of the disappeared persons
and the Governments concerned, with a view to ensuring
that sufficiently documented and clearly identified
individual cases are investigated and the whereabouts of
the disappeared persons clarified. Since its inception,
the Working Group has analysed thousands of cases of
disappearance and other information received from
Governments and non-governmental organizations,
individuals and other sources of information from all
over the world in order to ascertain whether such
material falls under the Working Group's mandate and
contains the required elements; entered cases into its
database; transmitted those cases to the Governments
concerned, requesting them to carry out investigations
and to inform the group about their results; forwarded
the Governments' replies to relatives or other sources;
followed-up investigations carried out by the Governments
concerned, as well as the inquiries made by the relatives
or other agencies or organizations; maintained a
considerable correspondence with Governments and the
sources of information in order to obtain details on the
cases and the investigations; and examined allegations of
a general nature concerning specific countries with
regard to the phenomenon of disappearances. It also
examined other matters related to its mandate with a view
to submitting concrete suggestions and recommendations to
the Commission, in particular as regards the Working
Group's role in the application of the Declaration on the
Protection of All Persons from Enforced Disappearance.

As in previous years, the Working Group has continued to
apply the urgent action procedure in cases that allegedly
occurred within three months preceding the receipt of the
report by the Group, and has also promptly intervened
with Governments in cases in which relatives of missing
persons, or other individuals or organizations which have
cooperated with the Group, or their legal counsel, have
been subjected to intimidation, persecution or other
reprisals.

The total number of cases being kept under active
consideration as they have not yet been clarified now
stands at 42,857. In 1994, the Working Group continued to
process a backlog of some 8,463 reports submitted to it
in 1991 and in 1993 and received some 838 new cases of
disappearance in 29 countries. The number of countries
with outstanding cases of alleged disappearances was 62
in 1994. At the time of writing, a backlog of about 300
cases had not yet been examined due to the chronic lack
of resources suffered by the Centre for Human Rights. An
exceptional effort on the part of the staff servicing the
Working Group has enabled a total of 9,301 cases to be
processed this year.

As in the past, the present report reflects only
communications or cases examined before the last day of
the third annual session of the Working Group, which was
9 December 1994. Urgent action cases which may have to be
dealt with between that date and the end of the year, as
well as communications received from Governments after 9
December 1994, will be reflected in the Working Group's
next report. The graphs contained in the annexes to the
report do not include the year under consideration
because, in the Working Group's experience, many cases
are received only the following year, so that the column
for the current year would not properly reflect the
actual situation in a given country.

In 1994, the Working Group undertook a review of its
methods of work and, in particular, the format of its
report. In so doing, it was guided by resolution 1994/39,
paragraph 17, in which the Commission on Human Rights
requested the Working Group to take into account the
provisions of the Declaration on the Protection of All
Persons from Enforced Disappearances and to modify its
working methods if necessary. It also requested the
Working Group, in paragraph 18, to identify obstacles to
the realization of the provisions of the Declaration and
to recommend ways of overcoming those obstacles. The
Working Group also kept in mind the repeated calls by the
General Assembly to reduce the excessive length of
reports, and Commission resolution 1993/94, paragraph 1,
in which the Commission decided that all reports
submitted to it should follow the standards and
guidelines established by the General Assembly and that
they should, as much as possible, not exceed the
desirable 32-page limit.

At its forty-second session, the Group decided to revise
the format of its annual report. To this end, it will
reflect its correspondence with Governments and
non-governmental organizations in chapters I.B and I.C,
rather than in each country chapter. The statistical
summary is now to be found at the end of the report, with
all countries grouped together in order to save space. It
is obvious that these measures make it impossible to give
full or detailed information in the report concerning
each and every major decision affecting the Group's work.
It is also not possible to reproduce in full, or in great
length, contributions received from Governments and
non-governmental organizations. The main arguments made
will, however, be reflected and the full text of
communications of a general nature will be available for
consultation in the secretariat. The Commission will also
note that the Working Group has, for the first time,
included observations on the situation of disappearances
in countries with over 1,000 reported cases of
disappearance, or with more than 50 cases which have
allegedly occurred in the current year.

The legal framework for the activities of the Working
Group has been extensively described in its reports to
the Commission on Human Rights at its forty-first to
fiftieth sessions.

In resolution 1992/30, adopted at its forty-eighth
session, the Commission, profoundly concerned that the
practice of enforced or involuntary disappearances was
continuing in various regions of the world, decided to
extend for three years the mandate of the Working Group
as defined in Commission resolution 20 (XXXVI), in order
to enable the Group to take into consideration all such
information as might be communicated to it on cases
brought to its attention, while retaining the principle
of annual reporting by the Group.

In its resolution 1994/39, the Commission requested the
Group to report on its work to the Commission at its
fifty-first session, and to continue to discharge its
mandate discreetly and conscientiously; it also requested
the Group to submit to the Commission all information it
deemed necessary and any specific recommendations it
might wish to make regarding the fulfilment of its tasks;
to take into account the provisions of the Declaration on
the Protection of All Persons from Enforced
Disappearance, and to modify its working methods if
necessary; to pay attention to cases of children
subjected to enforced disappearance and children of
disappeared parents and to cooperate closely with the
Governments concerned to search for and identify these
children. The Commission also took note with interest of
the proposal of the Working Group to establish a special
procedure concerning the question of enforced
disappearances in the territory of the former Yugoslavia
under the joint responsibility of one member of the
Working Group and the Special Rapporteur on human rights
in the former Yugoslavia.

In the same resolution, the Commission noted with concern
that some Governments had never provided substantive
replies concerning enforced disappearances alleged to
have occurred in their countries, and urged Governments
to cooperate with the Working Group by replying
expeditiously to the Working Group's requests for
information and also with regard to any measure taken
pursuant to recommendations addressed to them by the
Group; to take legislative or other steps to prevent and
punish the practice of enforced disappearance; to take
steps to ensure that, when a state of emergency was
introduced, the protection of human rights was
guaranteed, particularly as regards the prevention of
enforced or involuntary disappearances; and to take steps
to protect the families of disappeared persons against
any intimidation or ill-treatment to which they might be
subjected. The Commission also encouraged States to
provide concrete information on measures taken to give
effect to the Declaration, as well as obstacles
encountered.

The Commission also reminded Governments of the need to
ensure that their competent authorities conducted prompt
and impartial inquiries whenever there was reason to
believe that an enforced or involuntary disappearance had
occurred in any territory under their jurisdiction, and
recalled that, if allegations were confirmed,
perpetrators should be prosecuted. The Commission, for
the eighth time, repeated its request to the
Secretary-General to ensure that the Working Group
received all necessary assistance, in particular the
staff and resources it required to perform its functions.

The Working Group has, furthermore, carefully considered
and, where appropriate, acted on provisions of the
following resolutions which amplify the Group's mandate
as contained in resolutions 20 (XXXVI), 1992/20, 1993/35
and 1994/39.

In its resolution 1994/31, the Commission requested the
Secretary-General to again undertake consultations with a
view to identifying individual experts who might be asked
to join forensic teams or to provide advice or assistance
to thematic or country mechanisms, advisory services and
technical assistance programmes, and to establish, on the
basis of these consultations and of continuing efforts of
the Working Group, a list of such experts.

In its resolution 1994/33, the Commission invited once
again the working groups and the special rapporteurs to
pay attention, within the framework of their mandates, to
the situation of persons detained, subjected to violence,
ill-treated or discriminated against for having exercised
the right to freedom of opinion and expression. Indeed,
many of the disappearances reported to the Working Group
may have been caused by the fact that persons have
exercised this right. To the extent possible, the Group
has tried to reflect in its report relevant information
received on this subject.

In its resolution 1994/42, the Commission requested the
existing human rights mechanisms, including the Working
Group on Enforced or Involuntary Disappearances, to
examine as appropriate the cases involving the human
rights of staff members of the United Nations system and
their families, as well as experts, special rapporteurs
and consultants and to transmit the relevant part of
their reports to the Secretary-General for inclusion in
his report to the Commission on Human Rights. No cases of
disappearance of the above-mentioned category of persons
were received by the Working Group during the period
under review.

In its resolution 1994/45, the Commission requested all
special rapporteurs and working groups of the Commission
and the Sub-Commission, in the discharge of their
mandates, regularly and systematically to include in
their reports available information on human rights
violations against women, and in its resolution 1994/53,
the Commission called on the thematic special rapporteurs
and working groups to include in their reports
gender-disaggregated data. Such data have, to the extent
possible, been included in the statistical summary of
countries found in the annexes to the present report.

In its resolution 1994/46, the Commission urged all
special rapporteurs and working groups to address as
appropriate the consequences of the acts, methods and
practices of terrorist groups. The Working Group has
taken into consideration information received in this
connection and reflected it in the appropriate country
subsections.

In its resolution 1994/67, the Commission invited the
special rapporteurs and working groups concerned to
continue to pay due attention, within their mandates, to
the matter of civil defence forces in relation to the
protection of human rights and fundamental freedoms. The
Working Group has reflected any information received in
this connection in the relevant country subsections.

In its resolution 1994/68, the Commission called upon
relevant rapporteurs, working groups and experts, in
accordance with their mandates, to seek information on
situations which could lead to internal displacement and
to include relevant information and recommendations
thereon in their reports to the Commission. The Working
Group has reflected information received in this
connection in the relevant country subsections.

In its resolution 1994/69, the Commission invited its
special rapporteurs and representatives, as well as
working groups to continue to include in their
recommendations, whenever appropriate, proposals for
specific projects to be realized under the programme of
advisory services.

In its resolution 1994/70, the Commission requested all
representatives of United Nations human rights bodies, as
well as treaty bodies monitoring the observance of human
rights, to continue to take urgent steps, in conformity
with their mandates, to help prevent the occurrence of
intimidation, and reprisals. The Commission further
requested such representatives to include in their
respective reports a reference to allegations of
intimidation or reprisal, as well as an account of action
taken by them in that regard. The Working Group has
reflected in the country subsections cases in which it
has taken action in the framework of its prompt
intervention procedure.

In its resolution 1994/72, the Commission noted with
interest the proposal of the Working Group on Enforced
Disappearances concerning the question of enforced
disappearances in the territory of the former Yugoslavia
and requested the Working Group, represented by one of
its members, to cooperate as appropriate with the Special
Rapporteur in dealing with that issue. The Chairman of
the Working Group appointed Mr. Manfred Nowak to
cooperate with the Special Rapporteur on the former
Yugoslavia in this matter. A report on his activities
carried out in this regard may be found in document
E/CN.4/1995/37.

In its resolution 1994/87, the Commission recommended
that the thematic rapporteurs and working groups of the
Commission should continue to keep a close watch on the
situation of human rights in Zaire. During 1994, the
Working Group transmitted four new cases of
disappearances to the Government of Zaire.

In its resolution 1994/93, the Commission called on
special rapporteurs, special representatives and working
groups of the Commission and of the Sub-Commission,
within their mandates, to pay particular attention to the
plight of street children. The Working Group has paid
close attention to this resolution, but has received no
allegations concerning the disappearance of street
children in 1994.

In its resolution 1994/95, the Commission requested all
special representatives, special rapporteurs, independent
experts and thematic working groups to include in their
reports, where appropriate, a section on the
implementation of the recommendations contained in the
Vienna Declaration and Programme of Action. In paragraph
62 of the Vienna Programme of Action, the World
Conference on Human Rights, welcoming the adoption of the
Declaration on the Protection of All Persons from
Enforced Disappearance, called upon all States to take
effective legislative, administrative, judicial or other
measures to prevent, terminate and punish acts of
enforced disappearances. The World Conference on Human
Rights reaffirmed that it was the duty of all States,
under any circumstances, to make investigations whenever
there was reason to believe that an enforced
disappearance has taken place on a territory under their
jurisdiction and, if allegations were confirmed, to
prosecute its perpetrators. In accordance with the Vienna
Programme of Action and the respective request of the
Commission, the Working Group has further developed its
efforts to monitor the compliance of States with the
provisions of the Declaration on the Protection of All
Persons from Enforced Disappearance.

The Working Group held three sessions in 1994. The
forty-second session was held in New York from 9 to 13
May, and the forty-third and forty-fourth sessions were
held at Geneva from 29 August to 2 September and from 29
November to 9 December, respectively. During these
sessions, the Working Group met with representatives of
the Governments of Angola, Argentina, Kuwait, Morocco,
Nicaragua, Peru and the national human rights commission
of Mexico. It also met with representatives of human
rights organizations, associations of relatives of
missing persons, families or witnesses directly concerned
with reports of enforced disappearances.

As in previous years, the Working Group examined
information on enforced or involuntary disappearances
received from both Governments and non-governmental
organizations and decided, in accordance with its methods
of work, on the transmission of such reports or
observations received thereon to the Governments
concerned. It also requested Governments to provide
complementary information whenever necessary for the
clarification of cases.

From 3 to 11 July 1994, one member of the Working Group,
Mr. Manfred Nowak, in the framework of the special
process on missing persons in the former Yugoslavia,
carried out a visit to parts of the territory of the
former Yugoslavia in order to initiate contacts with
governmental authorities, non-governmental organizations
and relatives of missing persons, to explain his mandate
and methods of work. His report is contained in document
E/CN.4/1995/37.

In 1994, the Working Group transmitted 9,301 new cases of
enforced or involuntary disappearance to the Governments
concerned. Among these cases, approximately 838 were
received in 1994, while the rest were part of the Working
Group's backlog; 221 of the cases transmitted were
reported to have occurred in 1994; 174 were transmitted
under the urgent action procedure, of which 53 were
clarified during the year. The majority of newly reported
cases which allegedly occurred in 1994 relate to
Colombia, Ethiopia, Mexico, Togo and Turkey. Many of the
cases received were referred back to the sources as they
lacked one or more elements required by the Working Group
for their transmission or because it was not clear
whether they fell within the Working Group's mandate;
other cases were considered inadmissible within the
context of that mandate.

By letters dated 28 January and 11 July 1994, the Working
Group reminded the Governments concerned of reports of
disappearance transmitted during the previous six months
under the urgent action procedure.

By letter dated 15 June 1994, the Working Group reminded
all Governments of the total number of outstanding cases
remaining before them and, when requested, retransmitted
the summaries of those cases or the diskettes containing
those summaries to them.

As has been its practice in the past, following each of
its three sessions, the Working Group informed the
Governments of decisions it had made with respect to
cases of disappearance in their countries. To this end,
the Working Group sent letters on 15 June, 19 September
and 9 December 1994 to the Governments concerned
informing them whether a case had been clarified, on the
basis of information provided by the source or the
Government; whether a case had been placed under the
six-month rule; retransmitted to the Government updated
with new information from the source; or whether the
information submitted by the Government with respect to a
specific case was insufficient to consider the case
clarified. The Group also transmitted to Governments
concerned observations provided by the sources on the
Government's replies.

By letter dated 3 August 1994, the Working Group
addressed another communication to Governments concerning
the implementation of the Declaration on the Protection
of All Persons from Enforced Disappearance. This letter
was sent to countries which have cases of disappearances
pending on the Working Group's books and which did not
respond to its letter last year. In order to guide
Governments in this task, a questionnaire was enclosed
relating to specific provisions of the Declaration.

On 19 September 1994, the Working Group transmitted the
general allegations which it had received from
non-governmental organizations to the Governments
concerned.

The Working Group, on 20 September 1994, addressed a
communication to those Governments which had never
responded to any of the Group's requests for information
on the fate and whereabouts of the persons reported
disappeared in their respective countries. The Working
Group expressed grave concern at this lack of
cooperation, and stated that it was contemplating drawing
particular attention to this problem in its report to the
Commission at its fifty-first session. It requested those
Governments to provide it with any comments which they
wished to make in respect of the outstanding cases of
disappearances. This letter was sent to the Governments
of the following countries: Afghanistan, Angola, Burkina
Faso, Burundi, Equatorial Guinea, Mauritania, Mozambique,
Saudi Arabia and Tajikistan. The Governments of Angola
and Mauritania subsequently replied.

By letters dated 20, 23 and 27 September 1994, the
Working Group addressed a communication to those
countries where a number of very old cases of
disappearance appear on the Group's books, seeking to
examine, together with the Governments concerned, what to
do with such cases, taking into account, of course, the
legitimate human rights concerns of the families. These
letters were sent to the Governments of the following
countries: Argentina, Brazil, Chile, El Salvador,
Guatemala, Honduras, Lebanon, Morocco, Nicaragua,
Paraguay, Peru, Philippines, South Africa and Uruguay.
During its forty-fourth session, the Working Group
exchanged views, in this regard, with representatives of
the Governments of Argentina, Morocco and Nicaragua.

The Working Group has continued to attach great
importance to its contacts with non-governmental
organizations and relatives of missing persons, and
maintained close contact with sources of information
throughout the year, informing them on a regular basis of
the state of its investigation into cases of concern to
them, as well as the replies it had received from
Governments in this respect. The Group also invited these
organizations to present information at its three annual
sessions and to submit observations relating to the
general situation affecting the phenomenon of
disappearances in countries of importance to them. The
Group received a great deal of information orally and in
writing from them.

On 3 August 1994, the Working Group sent a similar letter
as that which it sent to Governments to a number of
non-governmental organizations concerning the
implementation of the Declaration in countries of concern
to them.

As in previous years, the Working Group received reports
and expressions of concern from non-governmental
organizations, associations of relatives of disappeared
persons and individuals about the safety of persons
actively engaged in the search for missing persons, in
reporting cases of disappearance or in the investigation
of cases. In some countries, the mere fact of reporting a
disappearance entailed a serious risk to the life or
security of the person making the report or to his or her
family members. In addition, individuals, relatives of
missing persons and members of human rights organizations
were frequently harassed and threatened with death for
reporting cases of human rights violations or
investigating such cases.

Over 11,000 cases of disappearance in the former
Yugoslavia were reported to the Working Group in 1992,
most of which occurred during the hostilities between
Croatian forces and the Yugoslav national army in 1991.

As the Working Group's mandate does not cover
international armed conflicts, these cases were not taken
into consideration, and the Group sought guidance from
the Commission at its forty-ninth session on how best to
deal with them. Subsequently, the Commission adopted
resolution 1993/7, in which it requested the Special
Rapporteur on the situation of human rights in the
territory of the former Yugoslavia, in consultation with
the Working Group on Enforced or Involuntary
Disappearances and the International Committee of the Red
Cross, to develop proposals for a mechanism to address
the subject of disappearances in the former Yugoslavia.
To this end, one member of the Working Group, Mr. Toine
van Dongen, carried out a mission to the region in August
1993 in order to study the issue and determine which
mechanism might be proposed with a view to elucidating
the fate and whereabouts of the missing persons.
Subsequently, the Commission on Human Rights, at its
fiftieth session, after having considered the report of
the Working Group which included an addendum on the said
mission (E/CN.4/1994/26/Add.1), in paragraph 24 of its
resolution l994/72, requested the Working Group,
represented by one of its members, to cooperate as
appropriate with the Special Rapporteur in dealing with
the issue of missing persons. In this connection, the
Chairman of the Working Group designated Mr. Manfred
Nowak as the Working Group's representative in the
special process.

The special process on missing persons in the territory
of the former Yugoslavia has been established as a joint
mandate of the Special Rapporteur on the situation of
human rights in the territory of the former Yugoslavia,
Mr. Tadeusz Mazowiecki, and one member of the Working
Group, Mr. Manfred Nowak. To implement this joint mandate
in the most efficient way, taking into account the
strictly humanitarian and non-accusatory nature of the
special process, it was agreed that Mr. Nowak carry out
the mandate as the person in charge of dealing with the
relatives of missing persons, as well as with all
governmental, intergovernmental and non-governmental
institutions concerned. The Special Rapporteur does not
take any active role in implementing the mandate.
However, the field offices of the Centre for Human Rights
which service the mandate of the Special Rapporteur
provide material and logistical support to the special
process.

The activities of Mr. Nowak aimed at tracing thousands of
missing persons in the Republics of Croatia and Bosnia
and Herzegovina, including his visit to both countries
from 3 to 11 July 1994, are summarized in his report to
the Commission (E/CN.4/l995/37).

The proclamation by the General Assembly on 18 December
1992 in its resolution 47/133 of the Declaration on the
Protection of All Persons from Enforced Disappearance was
a milestone in the united efforts to combat the practice
of disappearance. Many proposals and recommendations
which the Working Group has adopted over the years and
included in its annual reports have been reflected in the
Declaration. In accordance with the Declaration, the
systematic practice of disappearance is of the nature of
a crime against humanity and constitutes a violation of
the right to recognition as a person before the law, the
right to liberty and security of the person, and the
prohibition of torture, and it also violates or
constitutes a grave threat to the right to life. States
are under an obligation to take effective legislative,
administrative, judicial or other measures to prevent and
terminate acts of enforced disappearance, in particular
to make them continuing offences under criminal law and
to establish civil liability.

The Declaration also refers to the right to a prompt and
effective judicial remedy, as well as unhampered access
of national authorities to all places of detention, the
right to habeas corpus, the maintenance of centralized
registers of all places of detention, the duty to
investigate fully all alleged cases of disappearance, the
duty to try alleged perpetrators of disappearances before
ordinary (not military) courts, the exemption of the
criminal offence of acts of enforced disappearance from
statutes of limitations, special amnesty laws and similar
measures leading to impunity.

The World Conference on Human Rights, held at Vienna from
14 to 25 June l993, welcomed the adoption of the
Declaration and called upon all States to take effective
measures to prevent, terminate and punish acts of
enforced disappearances. The World Conference also
reaffirmed the duty of all States to investigate past
cases of disappearance and to prosecute its perpetrators.

In its resolutions 1993/35 and 1994/39, the Commission on
Human Rights, invited all governments to take appropriate
legislative or other steps to prevent and punish the
practice of enforced disappearances, with special
reference to the Declaration and to take action to that
end nationally, regionally and in cooperation with the
United Nations. In the same resolutions, the Commission
requested the Working Group to take into account the
provisions of the Declaration, and invited it to cite in
future reports any obstacles to the proper application of
the Declaration and to recommend means of overcoming
them.

Accordingly, the Working Group, in July 1993, requested
all Member States to provide it with information on the
action they had taken to implement the provisions of the
Declaration at the national level and what, if any,
obstacles had been encountered. Similarly,
non-governmental organizations were invited to provide
relevant information. On the basis of various replies
received from Governments and non-governmental
organizations, a number of major obstacles to the proper
implementation of the Declaration were cited in last
year's report of the Working Group. In addition, the
Working Group recommended that the Commission on Human
Rights should establish a system of State reports to be
examined by the Working Group.

On 3 August 1994, the Working Group sent a questionnaire
to all States, in which it requested information on the
measures taken to give effect to the Declaration, as well
as obstacles encountered (see annex I).

At the time of the adoption of the present report, the
Governments of the following countries had provided
replies to the Working Group's questionnaire: Argentina,
Chile, Egypt, Greece, Guatemala, Kuwait, Morocco, the
Philippines and Sudan. Of the non-governmental
organizations addressed, the Latin American Federation of
Families of Disappeared Detainees and Relatives of the
Persons Abducted, Detained and Disappeared in Ayacucho,
Peru, transmitted observations on obstacles to the proper
implementation of the Declaration.

Summaries of the replies received from Governments are
reproduced in the respective country sections. Much
emphasis was put on constitutional and procedural
safeguards relating to the right to personal liberty. The
specific provisions of the Declaration aimed at
preventing and punishing acts of enforced disappearance
seem, however, not to be adequately reflected in domestic
legislation.

There are indications that in the time that has elapsed
since the Declaration was adopted the application of its
main provisions has run into serious difficulties in most
of the States concerned. With some exceptions, States
have not, generally speaking, begun to take consistent
steps to incorporate in their national legislation the
principles set out in the Declaration. This is especially
true in regard to the characterization of acts of
enforced disappearance as offences under criminal law
(art. 4) and as a continuing offence (art. 17), or the
prohibition on persons who have committed this offence
benefiting from any special amnesty law or similar
measures (art. 18).

The Working Group has repeatedly insisted that
independent and effective administration of justice is
essential in curbing enforced disappearances. The
Declaration speaks of the need for a "right to a
prompt and effective judicial remedy as a means of
determining the whereabouts or state of health of persons
deprived of their liberty and/or identifying the
authority ordering or carrying out the deprivation of
liberty" (art. 9). The Declaration goes on to
stipulate that "each State shall ensure that the
competent authority shall have the necessary powers and
resources to conduct the investigation effectively,
including powers to compel attendance of witnesses and
production of relevant documents and to make immediate
on-site visits" (art. 13, para. 2). Two years after
the adoption of the Declaration, the Working Group notes
with concern that few efforts have been made to comply
with these basic provisions. The lack of suitable
judicial resources, the lack of independence of the
judicial apparatus and the difficult conditions in which
it performs its functions when it has been willing to do
so, have been serious stumbling blocks to compliance with
the Declaration. More effective action by States in this
regard is essential and the international community must
extend its full cooperation.

The intolerable practices of harassment, threats,
physical attacks and killings of the family members of
disappeared persons, witnesses to disappearance or
representatives of non-governmental organizations, as
reprisals for action to locate the whereabouts of
disappeared persons affect essential aspects of human
rights and of clear principles set out in the
Declaration. It explicitly stipulates that complainants,
counsel and witnesses shall be "protected against
ill-treatment, intimidation or reprisal" (art. l3,
para. 3) and that "steps shall be taken to ensure
that any ill-treatment, intimidation or reprisal or any
other form of interference on the occasion of the lodging
of a complaint or during the investigation procedure is
appropriately punished" (art. 13, para. 5). It is
essential that priority be given to fulfilling these
provisions.

In order to make States better aware of their various
responsibilities under the Declaration, a more effective
and institutionalized monitoring procedure is essential.
The Working Group, therefore, reiterates its proposal
contained in last year's report to establish a periodic
reporting system aimed at a fruitful dialogue between
Governments and international expert bodies. As a first
step, the Working Group introduces in the present report
country specific observations to a limited number of
Governments.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Afghanistan. However, a review of the outstanding cases
in Afghanistan revealed that four cases, in which the
persons concerned were reportedly abducted in the
territory of Pakistan in 1985 by an Afghan militia
commander, were erroneously sent to the Government of
Afghanistan in 1986. In accordance with the Working
Group's methods of work, these cases should have been
transmitted to the Government of Pakistan, since this is
the country in which the persons were reportedly last
seen, and a copy of the cases sent to the Government of
Afghanistan. The cases have now been sent to the
Government of Pakistan, and removed from the statistics
of Afghanistan and added to those of Pakistan. There are,
therefore, only two outstanding cases of disappearance on
the Working Group's books for Afghanistan.

Although many more cases of disappearance may have
occurred in Afghanistan, in particular during the period
1978-1979, individual cases have not been brought to the
Working Group's attention to allow it, in accordance with
its methods of work, to take action.

Although numerous reminders have been sent, no
information has ever been received by the Working Group
from the Government of Afghanistan with regard to the
outstanding cases. The Working Group, therefore, is
unable to report on the fate and whereabouts of the
disappeared persons.

During 1994, the Working Group transmitted, for the first
time, one case of disappearance to the Government of
Algeria under the urgent action procedure.

The above-mentioned disappearance is said to have
occurred in the area of Rass-el-Oued Willaya de
Bordj-Bon-Arreridj on 22 July 1994. Members of the
Algerian security forces were alleged to be responsible.
The victim, a 38-year-old man, was reportedly abducted
from his home together with 40 other persons in the area.

No information has been received by the Working Group
from the Government of Algeria with regard to this case.
The Working Group is, therefore, unable to report on the
fate and whereabouts of the disappeared person.

During 1994, no new cases of disappearance were reported
to the Working Group, notwithstanding the resumption of
violence in the country.

The outstanding cases concern six men and one woman who
were allegedly arrested in 1977 by the Angolan security
forces, in particular by the DISA (Angolan information
and security forces). Some of the disappearances are
related to an attempted coup on 27 May 1977.

Information received

The Government of Angola which, has recently opened a new
Permanent Mission in Geneva, informed the Working Group
that the resurgence of the war in the country, had
prevented it from replying to the letters of the Working
Group within an acceptable period of time. It said that
the situation in Angola, when disappearances occurred in
1977, was extremely unstable. It was marked, on the one
hand, by the lack of experience of a State which had
started out in 1975 with a burdensome legacy and, on the
other hand, by the weak institutions of a newly
independent country.

As a consequence of the violent attempted coup d'état
perpetrated by a number of insurrectionists, including
three individuals listed by the Working Group as
disappeared persons, tens of thousands of people were
left dead. The main parties involved in the coup d'état
were executed by firing squad. This was the case with the
three above-mentioned persons. With regard to the four
other cases on the Working Group's books, the total
destruction of the town of Huambo and of Ondjiva made
efforts to reconstitute events impossible from the
outset. Nothing is known of the fate of the archives in
Huambo which, since 1992, has been under the illegal
control of UNITA, so that it is beyond the authority of
the State and the Government.

During an exchange of views with the Working Group, at
its forty-fourth session, the Government of Angola,
represented by its Attorney-General and the Permanent
Representative to the United Nations Office at Geneva,
highlighted the situation of the country in 1977 and the
difficulties in which the authorities of the Second
Republic found themselves in investigating cases of
disappearance which had occurred almost 20 years ago,
especially as some of the relatives had left the country.
Referring to the three persons on the Working Group's
list who had allegedly been executed by firing squad, the
representatives of the Angolan Government stated that,
despite the fact that the death penalty was legal in
those days, these persons had been executed without a
proper trial, and that it would be impossible for the
Angolan authorities, given the context of the past, to
have the place of burial or the bodies of the victims
located and identified. They also stated that no records
of these executions existed. However, they indicated
their strong commitment to prevent any new cases of
disappearance and to continue cooperating with the
Working Group. The Working Group expressed its
appreciation to the Government for its cooperation, but
explained that, in accordance with its methods of work,
the information provided was still considered
insufficient to clarify the cases.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Argentina. The Group considered clarified one case, which
concerned a child who had disappeared in 1977, together
with his parents, but who was now reported to have been
found by members of the Abuelas de Plaza de Mayo and
reunited with his biological family.

The vast majority of the 3,462 reported cases of
disappearance in Argentina occurred between 1975 and 1978
under the military Government, during its campaign
against left-wing guerrillas and their sympathizers.

Information received

During 1994, non-governmental organizations expanded on
their claim against the Government of Argentina filed in
the administrative courts between 1978 and 1983. The
claim attributed legal responsibility to the Government
on the grounds that the Government had not given the
relatives of the victims effective remedies, since
administrative and military officials had destroyed or
concealed archives, documentation and other sources of
information relating to the events which had led to the
disappearance of the victims.

Non-governmental organizations reported that the
Government of Argentina contested the claim, maintaining
that it had no obligation to provide information or to
keep the archives and documentation requested by the
claimants and that, in the last instance, the Government
had provided information "to the extent
possible" in the "Final Report" of 28
April 1983.

It was reported that on 23 February 1994, the judge of
federal Criminal Court No. 1 handed over to the judge
hearing the action against the Government nine reels of
microfilm from the file on disappeared persons kept at
the Ministry of the Interior, four of which were
reportedly empty and one was missing.

On 4 March 1994, the items were returned to the federal
judge, who had asked that they be sent back to her so
that she could trace the missing items.

On 26 April 1994, the Court received all the microfilms
from the federal judge. The withholding of all the reels
of microfilm from 4 March to 26 April 1994 prevented the
plaintiffs from questioning, with the microfilms in front
of them, the main witnesses in the proceedings.

It is claimed that the Government of Argentina is
continuing to violate its obligations under the
International Covenants on Human Rights, as well as those
specifically provided for in the Declaration on the
Protection of All Persons from Enforced Disappearances.

During the Group's forty-fourth session, it was reported
by a non-governmental organization that two Navy officers
had recently admitted before a committee of the National
Senate that the Navy Engineering School had been involved
in the abduction, torture and subsequent disappearance of
two French nuns; in addition, one of the officers is said
to have admitted that torture was a "tool"
which had to be used in certain circumstances. The
plaintiffs in the proceedings against the State have
presented this development and the corresponding
documentation as evidence that the State and its
administrative or military officials may be aware of the
fate of each missing person, since this episode is said
to demonstrate that serving officers know which military
institution or group had a hand in the respective
abductions, tortures and disappearances.

By note verbale dated 13 January 1994, the Government of
Argentina provided comments on the general allegations
contained in the Working Group's letter dated 20 October
1993, which were reflected in the Working Group's report
to the Commission on Human Rights at its fiftieth session
(E/CN.4/1994/26). The Government stated that there had
been no final decision by the Argentine judicial
authorities on the civil petition filed by some relatives
of persons who had disappeared during the last de facto
Government. It was, therefore, inappropriate for the
discussion to be held in two different forums
simultaneously, which circumvented the principle of
exhaustion of domestic remedies as the proper means for
the country to protect the rights of individuals in its
territory. The Government further stated that it was
justified to argue that the legal obligations of the
State did not alter when changes occurred in the
representatives of the State organs. That was why the
democratic Government had provided compensation. However,
the problems arose when the considerations of fact and
law raised by the claimants in the proceedings they had
instituted in the courts were supplemented by political
considerations aimed not at invoking the civil liability
of the State as a public-law entity in relation to
individuals, but at slandering the State as an entity of
public international law in relation to the international
community. The allegation that the Government was
deliberately concealing information from the relatives
must be supported by proof.

The Government further recalled that the National
Commission on the Disappearance of Persons (CONADEP) had
been established by Presidential decree, as soon as
democracy had been restored, with the express aim of
clarifying the events connected with the disappearance of
persons in the country. A thorough reading of the CONADEP
report clearly indicated that the methods used to make
people disappear had been used to make all traces of them
disappear as well. Piecing together what had happened
during that time was a difficult task, and it made no
sense to claim that after 10 years of democratic
government, information might exist in official files
that was available neither to CONADEP, nor to successive
judges.

The Government did not dismiss all possibility of
continuing investigations into the tragic events of the
past. On the contrary, it facilitated the matter for
anyone who wished to conduct such an investigation.

With regard to the use of the term "impunity"
by the claimants, the measures taken by the democratic
authorities, in particular the current Government, were
explicitly aimed at restoring peace to society, and at
ending the long and painful history of conflict, and not
at allowing crimes to go unpunished.

Finally, the Government of Argentina stated that it
welcomed all attempts at communication from supranational
bodies for dealing with such sensitive issues as the
consequences that human rights violations had had in the
country. However, such initiatives must be directly
related to preserving and contributing to the development
of democracy.

The Government of Argentina also sent a reply to the
general allegations transmitted by the Working Group this
year. The Government stated that it did not have in its
possession nor was it withholding any information on the
whereabouts of the disappeared persons. It reiterated
that the disappearance of any traces of the whereabouts
of the missing persons had been placed on record in the
report of CONADEP. In the conclusions of the report,
"Nunca Más", it was again stated that the
destruction or removal of the documents which would have
allowed the fate of the disappeared persons to be
determined, had made the investigation carried out by the
National Commission very difficult.

The Government also pointed out that the judicial
proceedings referred to by the non-governmental
organizations had not been completed, so that the judges
still had to reach a decision.

At its forty-fourth session, the Working Group met with
representatives of the Government of Argentina, who
referred to the policy of the Government with regard to
disappearances, since democracy was restored in December
1983. In particular, it was mentioned that compensation
was being paid to the victims of enforced disappearances.
With regard to children of parents who had disappeared,
some cases had already been brought before the courts and
the Under-Secretary of Social and Humanitarian Affairs
had established a comittee to deal with that matter. The
Working Group was also informed that the Government of
Argentina had signed the Inter-American Convention on
Enforced Disappearances at the most recent General
Assembly of the Organization of American States, and that
it was now before the Parliament for ratification.

The Government transmitted to the Working Group a reply
to its questionnaire on the implementation in Argentina
of the Declaration on the Protection of All Persons from
Enforced Disappearance. The information that, under the
Constitution in force since August 1994, enforced
disappearance is a ground for invoking the remedy of
habeas corpus is especially noteworthy. The Government
also indicated that the applicable provisions of the Code
of Criminal Procedure restricted and regulated
incommunicado detention, specifying that the police might
impose such detention for a maximum of six hours,
following a psychological and physical examination, and
that the judge might extend it up to a maximum of 72
hours. Moreover, although the Government of Argentina
reports that all police stations and judicial
institutions must keep registers of detainees, it does
not appear from this information that there is a central
register of prisoners, as opposed to a mere register of
prisoners held at the disposal of the judge.

Observations

86. Argentina was one of the first countries, during the
1970s, where disappearances occurred as a systematic
practice. The Working Group is aware of the difficulties
experienced by the present democratic Government in
obtaining all of the documentary information produced
during the period of the military governments.

87. The Working Group will continue to follow up the
current investigations. In this regard, it urges the
authorities of the Argentine Republic to supply and
protect all available information on judicial proceedings
which are under way or which will be instituted in the
future.

During 1994, no new cases of disappearances were
transmitted by the Working Group to the Government of
Bolivia.

The majority of the 48 cases of disappearance reported to
the Working Group occurred in 1981 and 1982, periods when
general and often massive violence spread around the
country, generated by two military coups. Twenty of these
cases have been clarified.

Despite a full retransmittal of the outstanding cases in
July 1994, at the request of the Government of Bolivia,
no further information was received in 1994 from the
Government concerning these cases. The Working Group,
therefore, is unable to report on the fate and
whereabouts of the disappeared persons.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Brazil. During the same period, the Working Group
clarified two cases which had occurred in 1992, in which
the Government reported that the subjects' bodies had
been found and that they had been shot. Judicial
proceedings have been opened with a view to finding those
responsible.

The majority of the 54 cases of disappearance in Brazil
reported to the Working Group occurred between 1969 and
1975, under the military Government, in particular during
the guerrilla warfare in the Araguaia region.

Information Received

During the period under review, the Government of Brazil
transmitted a report prepared by the Secretary of State
of the State of Sao Paulo on specific issues regarding
human rights in that State. The report concerned inter
alia the prison system, the civil and military police,
police violence and street children, and measures taken
by the government of Sao Paulo on these issues.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Burkina Faso.

The three outstanding cases of disappearance reported to
the Working Group concerned two soldiers and a university
professor, all of whom were reportedly arrested in 1989,
together with 27 other persons, on charges of having
participated in an alleged conspiracy against the
Government.

Despite several reminders, no information has ever been
received by the Working Group from the Government
regarding these cases. The Working Group, therefore, is
unable to report on the fate and whereabouts of the
disappeared persons.

During 1994, the Working Group transmitted nine reported
cases of disappearance to the Government of Burundi, all
of which occurred in 1994. These cases were sent under
the urgent action procedure.

All of the other reported cases of disappearance in
Burundi occurred in Bujumbura in November and December
1991, following attacks against the Government in the
capital and the north-western provinces of Cibitoke and
Bubanza. The disappeared persons, of Hutu origin, were
reportedly arrested by members of the security forces,
dominated by the Tutsi minority. Most of them were later
held at Mura and at paratroopers' barracks in Bujumbura,
while others allegedly disappeared while in custody at
the headquarters of the Gendarmerie's special
investigation brigade, in Bujumbura.

The more recently reported cases of disappearance
allegedly concern Hutus, most of whom had been assembled
and held by members of the security forces in a
playground in Bujumbura. These persons, suspected of
holding arms, are reported to have been arrested and
taken away to an unknown destination while members of the
armed forces were searching the area.

These cases of disappearance occurred in the context of
violence and internal strife, including mass killings,
which developed in the aftermath of the murder, on 21
October 1993, of the former President of Burundi and of
several high officials, the failed putsch which followed
and, six months later, the accidental death of President
Ntaryamira in the plane crash of 6 April 1994.

Information received

According to information received from non-governmental
organizations, the main problems faced by the Burundi
authorities are not only to restore peace in the country,
in particular with the designation of a new national
President, but also to reorganize the army and the
police, to restructure the judiciary and to end impunity.

So far, no measures have reportedly been taken to end the
impunity enjoyed by the armed forces. With respect to the
judiciary, the present administrative structure is said
to be far from adequate to prosecute properly all those
responsible for the latest human rights violations. The
main obstacles reportedly lie in the lack of human and
financial resources, the lack of balance in ethnic
representation, and the poor standards for impartiality
and independence.

Although several reminders have been sent, no information
has ever been received by the Working Group from the
Government of Burundi with regard to these cases of
disappearance. The Working Group, therefore, is unable to
report on the fate and whereabouts of the disappeared
persons.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Cameroon.

All of the six cases reported to the Working Group
occurred in 1992. The cases concerned five youngsters
aged 13 to 17, including three brothers, who were
reportedly seen being taken into police custody in
Bamenda in February 1992 at the time of the arrest of
leaders of the Cameroon Anglophone Movement, and over 40
peasants, following a peaceful demonstration. The father
of the three brothers also disappeared, following his
inquiries to determine the whereabouts of his children.

During 1994, no information was received by the Working
Group from the Government of Cameroon concerning these
cases. The Working Group is, therefore, unable to report
on the fate or whereabouts of the disappeared persons.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Chad.

The majority of the six cases of disappearance reported
to the Working Group occurred in 1991 and one case in
1983. The latter case was submitted by a relative of the
victim and concerned a member of the Democratic National
Union who was reportedly taken prisoner in July 1983 in
the context of clashes between government troops and
opposition forces which took place at Faya-Largeau. The
other cases concerned members of the Hadjerai ethnic
group who had reportedly been arrested on 13 October 1991
by the Chadian security forces. Their detention is said
to have taken place following an announcement by the
authorities that an attempt by a section of the Chadian
armed forces to overthrow President Idriss Deby had been
thwarted. Soldiers loyal to the Government are said to
have killed and arrested many civilians, solely because
they came from the Hadjerai ethnic group.

Information received

According to information received from non-governmental
organizations in 1994, enforced or involuntary
disappearances continue to occur in Chad, and are often
associated with arbitrary arrest and torture. The forces
responsible are reportedly members of the "Garde
républicaine", who are said to belong to the same
ethnic group as President Deby.

It was further alleged that members of human rights
organizations are subjected to increasing harassment.
Particular concern was expressed about the national civic
campaign, initiated by several human rights organizations
with a view to educating the population about the
forthcoming elections, which is said to have been
recently forbidden by the President.

It was further reported that most of the specific
recommendations submitted to the present transition
Government in 1993 by the National Sovereign Conference
are yet to be implemented. With respect to impunity, no
measures have reportedly been adopted by the Government
to prosecute perpetrators of disappearances and other
major human rights violations.

During the reporting period, the Government of Chad
informed the Working Group that Chad was one of the
African countries worst hit by guerilla activities, civil
war and internal strife. These developments had weakened
the country and slowed down the pace of restoration of a
state of law, democracy and the promotion of human
rights. Despite these difficulties, however, political
parties and human rights organizations had emerged, trade
unions were in the process of being formed and a free
press had a critical eye on what the Government was
doing.

Among the tasks to be entrusted to the National
Commission on Human Rights that was on the verge of being
created would be the power to carry out investigations
and to identify and prosecute those responsible, since
the 1960s, for major human rights violations, including
disappearances, summary executions and arbitrary arrests,
and the misuse of public funds.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Chile. During this period, the Working Group considered
clarified 16 cases which concerned 16 persons detained by
the armed forces and the Carabineros between September
1973 and June 1976. The remains of 14 persons were found
and identified as a result of tests carried out by the
Forensic Medicine Department of Santiago, and were
returned to their relatives. In the other two cases, the
death of the missing persons was established through
judicial proceedings.

The vast majority of the 912 reported cases of
disappearance in Chile occurred between 1973 and 1976
under the military Government. They concerned political
opponents of the military dictatorship, from different
social strata, most of them activists in the Chilean
leftist parties. Disappearances were carried out by
members of the army, the Carabineros and persons acting
with the acquiescence of the authorities.

The National Truth and Reconciliation Commission
(Comisión Nacional de Verdad y Reconciliación), set up
by the civilian Government in April 1990 to investigate
serious human rights violations during the period of
military rule, concluded that 957 had disappeared
following their detention by the army or security forces.
Since the restoration of civilian government, some
civilian court judges have endeavoured to pursue
investigations into disappearances to clarify the facts
and establish responsibility. Forensic identification of
the remains recovered from mass graves by the Forensic
Medicine Department of Santiago are continuing, in spite
of the 1978 Amnesty Law which impedes the prosecution of
those responsible for the summary executions and
disappearances. Information received

According to information received from non-governmental
organizations, the 1978 Amnesty Act and military secrecy
continue to hamper the efforts of Chile's judges and
courts to clear up the hundreds of cases of disappearance
attributable to the government forces since the military
coup in 1973. Several judicial proceedings are said to
have been dismissed during 1993 under the Amnesty Act,
when the investigations led to army officers still in
active service. It is claimed that the files of many
cases involving disappearance appear to reveal a growing
confusion within the judiciary over the legitimate
interpretation of the Amnesty Act. The military courts
are said to claim competence to hear all cases in which
members of the armed forces or the police appear to be
involved, and it is said that the Supreme Court
invariably settles the conflict of competence in favour
of the military court, which files the cases without
pursuing the investigations or punishing those
responsible. It has also been reported that, under the
1992 Reparation Act, over 4,000 relatives of the victims
identified in the report of the National Truth and
Reconciliation Commission, published in March 1991,
currently receive a monthly allowance from the
Government; 821 receive scholarships and 63 have been
helped through the allocation of housing units under an
assistance programme set up in February 1992.

Reports also indicate that the work of the National Truth
and Reconciliation Commission has been continued by the
National Agency for Compensation and Reconciliation set
up in February 1992. This Agency has been entrusted with
the task of determining the responsibility of government
officials in cases of violations of human rights,
ascertaining the whereabouts of disappeared persons and
determining the circumstances of their disappearance. It
is claimed, however, that the Agency cannot assume
jurisdictional functions or deliver an opinion on the
responsibility of individuals. It is also alleged that
the progress of proceedings of the National Agency has
been slow and that investigations are still being made to
identify the remains of 126 victims who were buried
anonymously and illegally in the so-called "Plot
29" of the Santiago General Cemetery. It is claimed
that identification of the remains, which is being
undertaken by the Forensic Medicine Department has proved
an arduous task and that progress has been slow.

During 1994, the Government of Chile sent replies on 27
cases of disappearance, in which it informed the Working
Group that the corpses of l6 persons, whose remains were
found in unmarked graves in Plot 29 of the General
Cemetery of Santiago, had been identified and given to
their relatives. The death of another 11 missing persons
had been judicially established although their remains
could not be found.

The Government of Chile also sent a reply to the Working
Group's letter requesting information on the action the
Government had taken to implement the provisions of the
Declaration on the Protection of All Persons from
Enforced Disappearances at the national level, and
provided comments on the general allegations contained in
the Working Group's letter of 19 September 1994. This
information supplemented the background material in the
Working Group's possession on the work and powers of the
National Agency for Compensation and Reconciliation. It
included an updating of the number of recipients of
compensation allowances and on the identification of
remains in Plot 29 of the Santiago General Cemetery. The
Government of Chile reported that the purpose of the
National Agency for Compensation and Reconciliation,
which had been set up by Act. No. 19,123 of 8 February
1992, was to coordinate, implement and support the
measures required to give effect to the recommendations
of the report of the National Truth and Reconciliation
Commission. The Agency could not assume the functions of
a court or pronounce on the extent to which individuals
might be responsible in cases of missing detainees.
However, the President of the Agency could take part in
judicial inquiries and send any background material and
information collected to the courts in cases brought by
relatives of the victims. In the case of illegal burial
of unidentified persons in Plot 29 of the Santiago
General Cemetery, the Agency duly appeared as an
additional party in order to assist in establishing the
whereabouts of the victims, providing useful information
for the forensic identification. In addition to the
Agency's work, the President of the Republic had approved
the creation of an ad hoc team of professionals for the
identification work. Between June and October 1994, those
measures had resulted in the identification of the
remains of 39 victims. Lastly, as at 31 December 1993,
4,760 relatives who had proved the requisite degree of
kinship with a total of 2,958 victims, were receiving the
compensation allowance. Those figures included relatives
of missing detainees and persons who were extrajudicially
executed.

During 1994, the Working Group transmitted to the
Government of China six newly reported cases of
disappearance which allegedly occurred in 1994. Four of
these cases were transmitted under the urgent action
procedure. During the same period, the Working Group
decided to consider clarified nine cases, and
retransmitted to the Government a total of six cases,
which had been updated with new information from the
source.

Most of the 53 cases of disappearance reported to have
occurred in China took place between 1988 and 1990. The
majority of the persons alleged to have disappeared were
Tibetans engaged in activities in favour of Tibetan
independence. Reportedly, some of them disappeared after
being arrested for writing or singing national poems or
songs. Nineteen of these cases concerned a group of
Tibetan monks who had reportedly been arrested in Nepal,
interrogated by Chinese officials while in detention and,
allegedly, turned over to the Chinese authorities at the
Jatopani border. Other victims were human rights
activists involved in pro-democracy activities. Three of
the reported cases concerned persons who disappeared
after the incidents in Beijing in 1989.

The newly reported cases are said to have occurred in
Shanghai and Beijing; the force alleged to be responsible
for the disappearances is the Public Security Bureau
Police. All the victims were human rights activists with
a university education, some of whom were reportedly the
organizers of the "League for the Protection of the
Rights of the Working People of the People's Republic of
China"; others are said to have signed, in March
1994, the "Blueprint for Political Democratization
of the State and Society" which calls for democratic
changes, reform of the penal system and the establishment
of independent labour unions. Some of the victims had
previously been imprisoned for their involvement in
democratic activities and, in one case, the victim and
his family had reportedly been routinely followed,
threatened and harassed by the Public Security Bureau. In
another case, the victim's wife was alleged to have been
detained for telephoning an organization abroad to report
her husband's disappearance.

Information received

In addition to the specific cases of disappearance, the
Working Group also received reports from non-governmental
organizations according to which some of the principal
sponsors of a new organization called the "League
for the Protection of the Rights of the Working People of
the People's Republic of China" have allegedly
disappeared or are being held in detention, reportedly
without charge or trial, for having attempted to
establish independent human rights monitoring and
protection mechanisms.

During 1994, the Government of China provided information
on six cases of disappearance, stating that in five of
them the persons had never been detained and in the
other, which concerned the alleged disappearance of the
group of 19 Tibetans, that further information would be
provided when the investigation was completed. The
Government of China also provided information on the four
cases of disappearance transmitted in 1994 by the Working
Group under the urgent action procedure. The Government
of China notified the Working Group that two of the
persons were being held under legal investigation for
disturbing social order, and stated the exact place of
detention. It was stressed by the Government that the
families had been notified of their detention. In one
other case, the Government reported that the person
concerned was being detained while under legal
investigation for criminal hooliganism, but did not
indicate where he was being held. Regarding the fourth
case, the Government replied that the person was under
residential surveillance by the Public Security Bureau on
suspicion of inciting a mob to cause social disturbance.

During 1994, the Working Group transmitted 21 newly
reported cases of disappearance to the Government of
Colombia, 19 of them under the urgent action procedure.
During the same period it clarified eight cases, in which
six persons were found dead and two had been released.

In accordance with Commission on Human Rights resolution
1994/70, the Working Group sent a "prompt
intervention" cable to the Government requesting
protection for two representatives of the Association of
Relatives of Disappeared Detainees who had allegedly been
subjected to acts of intimidation or harassment.

The majority of the 916 reported cases of disappearance
in Colombia have occurred since 1981, especially in
Bogota and regions where the level of violence is
highest. The number of cases in the Working Group's files
is much lower than the figures handled by the national
non-governmental organizations. This is due, to a large
extent, to the fact that in many cases the persons are
found dead a few days after the disappearance. With
regard to other cases, it has not been possible for the
relatives or acquaintances of the missing persons to
establish a link between the disappearance and the
activities of government forces or groups associated with
them.

The cases transmitted this year occurred mainly in the
departments of Antioquia (7), Atlántico (3), César (2),
Norte de Santander (2), Boliivar (1), Cauca (1),
Magdalena (1), Sucre (1), in the region of Urabà (1) and
in Bogotà (2). The disappeared persons included a
doctor, a lawyer, a member of a political party and
several peasants. The forces alleged to be responsible
were the armed or security forces (11), the police (2),
paramilitary groups (4), or men in plain clothes
suspected to be linked to security forces (4).

Information received

According to information received from non-governmental
organizations, the practice of enforced disappearance
continued during the year under review. They pointed to
the serious difficulties experienced by families in the
formalities connected with disinterring and identifying
bodies buried as unknown persons, first, because of
refusal or delay by the authorities in authorizing
exhumation and, second, because the same authorities did
not provide suitable facilities for the exhumation and
the subsequent process of identification.

The Working Group also received reports that members of
human rights organizations, as well as relatives of
victims of violations, continue to be threatened and
intimidated. Although the Government reportedly
repudiated some of the attacks committed against human
rights activists, and assigned bodyguards to some of
those who had received serious threats, the police and
judicial authorities had proved unable to or uninterested
in taking the requisite measures to protect such persons
effectively or to investigate and try those responsible.
In the zones of conflict, the civilian population and,
above all, the community leaders and peasants were said
to be increasingly regarded by the armed forces as
collaborating with the guerrillas and, therefore, were
open to abuse. Human rights activists trying to document
or report the abuses by the military and paramilitary
forces in these zones were also said to be running a
serious risk of persecution.

The Group also received from non-governmental sources
abundant information about the draft law whereby enforced
disappearance of persons is classed as an offence. As
approved by the Congress of the Republic in early June
1994, the draft establishes that proceedings could be
brought for this offence against State officials, not
only the principals but also persons who plan, promote or
direct, without directly intervening in, the acts, as
well as individuals acting with their assistance,
protection or acquiescence. In addition, the perpetrators
can not benefit from an amnesty or pardon or suspension
or suppression of proceedings in which they are being
investigated. The supervisory authorities would be
required to order and carry out inspections at military,
police and other premises in which there are believed to
be missing detainees. The draft also allows for the
establishment of search commissions with broad powers of
inspection and specifies that disappearance can not be
regarded as a service-related act nor can it be adduced
as exempting liability as a result of superior orders.

In July, objections were raised to the draft by the then
President of the Republic on the grounds, inter alia, of
unconstitutionality, because he held the view that the
law could run counter to the concepts of military
jurisdiction and superior orders.

Non-governmental sources were concerned about these
objections, taking the view that they did not contribute
to the struggle against impunity and would be in
contradiction with the provisions of both the
Inter-American Convention on Forced Disappearances of
Persons and of the United Nations Declaration on the
Protection of All Persons from Enforced Disappearance.
Article l6, paragraph 2, of the Declaration, in
particular, establishes that persons presumed to be
guilty shall be tried only by the competent ordinary
courts and not by any other special tribunal, in
particular military courts; and article 6, paragraph 1,
stipulate that no order or instruction of any public
authority, whether civilian, military or other, may be
invoked to justify an enforced disappearance and that any
person receiving such an order or instruction should have
the right and duty not to obey it. They also pointed out
that the Office of the Attorney-General of the Nation and
the Ombudsman had publicly stated their disagreement with
the presidential veto, contending, inter alia, that the
draft law did not change or limit military jurisdiction
and that it simply opened the way to the definition of
conduct that constituted a service-related act; they also
said that disappearance was prohibited under article 12
of the Constitution and, therefore, could not be regarded
as a service-related act for the purpose of submitting
such cases to the military courts.

The Group expressed concern about this situation in two
separate letters addressed to the Government. It did so,
on the basis, in particular, of resolution 1994/39, in
paragraphs 17 to 19 of which the Commission requested the
Group to take the Declaration into account in the
exercise of its mandate; invited it to identify obstacles
to the realization of the provisions of the Declaration
and to recommend ways of overcoming them; and encouraged
States to provide information on measures taken to give
effect to the Declaration, as well as obstacles
encountered. No observations, however, have been received
from the Government so far. Further information provided
by non-governmental sources indicated that in October
1994 the Senate had upheld the objections, and that a
decision by the House of Representatives is still
pending.

During 1994, the Government of Colombia provided
information on 10 cases of disappearance, stating that in
2 of them the persons concerned had been released, and in
8 of them investigation was being carried out.

As in the past, the Working Group continued to remain
available to assist the Committee on Missing Persons in
Cyprus. The Working Group noted that in 1994 the
Committee, whose activities are based mainly on the
testimony of witnesses and investigations in the field,
held only two sessions of meetings. However, bilateral
meetings between the Third Member and his Assistants with
both sides continued to take place on a regular basis in
an attempt to overcome differences.

The Working Group was informed, on 4 October 1993, that
the Secretary-General had written to the leaders of both
communities emphasizing the need for a fresh commitment
by both communities to the humanitarian objectives of the
Committee. The Secretary-General had reiterated the
necessity for immediate progress in a number of areas,
most particularly the submission of all cases of missing
persons to the Committee for investigations and the
urgent determination of agreed criteria for concluding
its investigations. After having received a report of the
Third Member at the end of January 1994, the
Secretary-General addressed a new letter to both sides
regarding the two above-mentioned crucial points.

The submission of cases has continued. At the end of
November 1994, a total of 1,072 Greek Cypriot cases and
492 Turkish Cypriot cases (comprising almost the total
number of Turkish Cypriot cases) had been submitted to
the Committee.

The two sides have had direct and regular contacts in the
offices of the Committee on Missing Persons in Cyprus, in
order to search for an agreement on common criteria. A
procedural checklist entitled "Guidelines for the
Investigations" has been agreed upon. While
substantial progress has also been made on the text of
the draft criteria, certain matters on which agreement
must be reached remain outstanding. The Secretary-General
has asked the Third Member to submit, by the end of
December 1994, a full report on the situation at that
time; on the basis of this report, the Secretary-General
will consider the question of continued support by the
United Nations for the Committee.

During 1994, the Working Group transmitted to the
Government of the Dominican Republic one newly reported
case of disappearance which was reported to have occurred
in May l994 and was sent under the urgent action
procedure. It concerned a university lecturer, who was
also a journalist and political activist, and who was
reportedly detained by members of the army and
subsequently taken to a military base.

The one other outstanding case concerns a person who was
arrested in June 1984 in Santo Domingo and subsequently
disappeared.

During 1994, the Working Group received no information
from the Government concerning these cases. The Group is,
therefore, still unable to report on the fate or
whereabouts of the disappeared persons.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Ecuador.

The 17 reported cases of disappearance occurred between
1985 and 1992. The majority of them concerned persons who
were reportedly arrested by members of the Criminal
Investigation Service of the National Police. The
disappearances occurred in Quito, Guayaquil and
Esmeraldas. In three cases the victims were children.

With regard to two of the cases of alleged disappearance
of children, the Government of Ecuador established a
special commission to carry out the necessary
investigations, and subsequently extended the mandate of
the special commission to allow it to receive complaints
relating to other cases of disappearance.

In 1994, no new information was received from the
Government concerning the outstanding cases. The Group
is, therefore, still unable to report on the fate or
whereabouts of the disappeared persons.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Egypt.

The majority of the eight cases of reported disappearance
occurred between 1988 and 1993. Amongst the victims were
an alleged supporter of the Jihad organization and three
Libyan citizens. The renewal of the state of emergency
during this period, which reportedly gave free rein to
the security forces without supervision or
accountability, is said to have been an aggravating
factor in the disappearances.

Information received

During 1994, the Government of Egypt submitted replies on
five cases of disappearance, in which it was reported
that the competent authorities had no record of the
subjects and the Government denied any involvement in
their cases.

The Government of Egypt also replied to the questionnaire
sent by the Working Group concerning the implementation
of the Declaration on the Protection of All Persons from
Enforced Disappearance.

The Working Group welcomes the fact that the Government
has published and distributed the Declaration to the
Ministries concerned and the competent legislative and
judicial authorities, together with a recommendation to
the effect that they should take appropriate measures to
implement and disseminate the principles contained
therein.

The reply to the questionnaire provides information
concerning procedures related to detention and legal
measures taken in cases of unlawful detention, but in the
case of disappearances the Government states that
incommunicado detention does not exist in Egypt,
therefore no particular measures have been taken in the
area of prevention and prosecution of those responsible.
However, the Working Group noted that the act of
disappearance as such does not seem to be an explicit
offence under the Egyptian Penal Code.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of El
Salvador.

The majority of the 2,638 reported cases occurred between
1980 and 1983, in the context of the armed conflict
between the Government of El Salvador and the Farabundo
Martí National Liberation Front (FMLN). Many victims
disappeared following arrest by uniformed soldiers,
uniformed police or abduction in death squad-style
operations carried out by armed men in civilian clothing,
reportedly linked to the army or to the security forces.
Abductions by armed men in civilian clothing were, in
some cases, subsequently recognized as detentions, which
raised allegations of links with the security forces.

Information received

During 1994, information of a general nature was received
from non-governmental organizations. It was reported that
during the years of internal armed conflict, El Salvador
was one of the countries in which a large number of cases
of enforced or involuntary disappearance occurred as a
grave, widespread and systematic practice. However,
during 1993 and so far in 1994, no case has been reported
of persons having disappeared. This is a very positive
development, which offers hope for the future of human
rights in El Salvador and appears to be due, inter alia,
to the continuing concern shown and the measures adopted
by the Commission on Human Rights, to the local
activities of the United Nations Observer Mission in El
Salvador (ONUSAL) and to the work done by the various
bodies set up under the Peace Agreements reached between
the Government of El Salvador and the (FMLN).

Many of the cases reported in the past have, however,
still not been resolved. During 1993 and so far in 1994,
neither the Government of El Salvador nor the
non-governmental organizations and the families lodging
complaints have given any answers to the Working Group
concerning the cases that are pending.

The Working Group has continued to receive allegations
concerning the deficiencies of the criminal investigation
system and the observance of the due process of law.
Notwithstanding the express recommendations made by the
Commission on Human Rights, the Human Rights Division of
ONUSAL and the Truth Commission, the judicial system
remains inefficient. Despite some reform of the law,
there have been complaints of serious restrictions on
police investigations, which in many cases lead to
impunity.

There have also been complaints concerning the difficulty
of access by the Salvadorian population to the remedies
of habeas corpus and amparo, fundamental instruments that
guarantee the protection of human rights. One extremely
positive development of which the Working Group was
informed is the setting up, on the proposal of the
Secretary-General of the United Nations, of the Joint
Group for the Investigation of Politically-Motivated
Illegal Armed Groups. These armed groups have been
responsible for a considerable number of cases reported
in the past. The Joint Group submitted its report to the
Government of El Salvador and to the Secretary-General of
the United Nations on 28 July 1994 and its
recommendations are being implemented.

In 1994, no new information was received from the
Government of El Salvador concerning the outstanding
cases. The Group is, therefore, still unable to report on
the fate or whereabouts of the disappeared persons.

Observations

The Working Group welcomes the fact that, over the past
three years, there have been no cases of enforced
disappearance. This has been verified locally by ONUSAL
and is an important indication of the positive effects of
the peace process, as well as an example of the fact
that, to put an end to the phenomenon of disappearance,
national peace and reconciliation, based on agreements
going to the root of the conflicts, are the appropriate
response.

Nevertheless, the Working Group draws attention to the
urgent need for a speedier and fuller reform of the
Salvadorian judicial system and, in particular, for more
effective and accessible protection mechanisms, such as
habeas corpus and amparo. The Government should also
ensure that all acts of enforced disappearance are made
an offence under criminal law, punishable by appropriate
penalties.

In addition to preventive measures, the Working Group
would like to remind the Government of its responsibility
under the Declaration to investigate all past cases, and
to bring the perpetrators to justice.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Equatorial Guinea.

The three reported cases of disappearance concern members
of political opposition parties who were reportedly
arrested in Malabo on 9 and 10 August 1993. The police
authorities, however, have reportedly refused to disclose
any information on their whereabouts.

Equatorial Guinea adopted a multiparty political system
in 1992. The Constitution was amended in late 1991, and
in January 1993 the Government legalized all political
parties not yet registered. On 18 March 1993, an
agreement, known as the National Pact, was signed between
the Government and the political parties. However, scores
of persons suspected of belonging to opposition political
parties have reportedly been arrested and detained for
short periods since then, particularly in Río Muni.

Although a reminder was sent, no information has been
received by the Working Group from the Government of
Equatorial Guinea. The Working Group is, therefore,
unable to report on the fate and whereabouts of the
disappeared persons.

During 1994, the Working Group transmitted 70 newly
reported cases of disappearance to the Government of
Ethiopia, 3 of which were sent under the urgent action
procedure. During the same period, it retransmitted one
case to the Government, updated with new information from
the source.

The majority of the 101 cases of disappearance reported
to the Working Group occurred between 1974 and 1992 after
the military Government took power, and concerned mainly,
although not exclusively, high ranking officials of
Emperor Haile Selasie's Government and members of the
Oromo ethnic group, in particular those believed to be
involved with the Oromo Liberation Front, or persons
accused of involvement with opposition political groups,
including the Ethiopian Socialist Movement.

All of the newly reported cases occurred between 1991 and
1994 under the Transitional Government and concerned
members of the Oromo ethnic group suspected of
participation in the Oromo Liberation Front who were
arrested in Addis Ababa or disappeared from the military
detention camp Hurso in western Ethiopia. The other cases
concerned members of the Ogaden National Liberation Front
(a political party) who disappeared in Region Five.
Region Five in eastern Ethiopia, also known as the Ogaden
and inhabited primarily by ethnic Somalis, has reportedly
been a closed military zone for several months, and there
have been reports of fighting in the region by elements
of the Ogaden National Liberation Front.

Information received

Serious concern was expressed by a number of
non-governmental organizations about an increasing
pattern of disappearances of suspected opponents of the
Transitional Government of Ethiopia. It was alleged that
the Ethiopian police and security forces have failed to
respond to inquiries from families concerning missing
relatives. The lack of an efficient central register of
detainees and prisoners is said to further complicate the
situation. It was believed that detainees were being held
in secret interrogation or detention centres in Addis
Ababa and other locations.

During 1994, no new information was received from the
Government of Ethiopia with regard to the outstanding
cases. The Working Group is, therefore, still unable to
report on the fate or whereabouts of the disappeared
persons.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Greece.

The two outstanding cases concern Albanian cousins who
were allegedly detained by the police in Zagora, central
eastern Greece in 1993. The Government of Greece informed
the Working Group in 1993 that the persons concerned had
never been arrested by the police, but that
investigations were continuing.

Information received

During the period under review, the Government of Greece
sent a reply to the Working Group's letter dated 10
August 1993 on the question of impunity. It stated that
in Greece no one could be arrested without a warrant.
Those arrested in the process of committing a crime must
be brought before the examining magistrate within 24
hours, and the magistrate must then decide within three
days to release the detainee or issue a warrant of
imprisonment. Should either of those time limits elapse
before action had been taken, any warden or other
officer, civil servant or military, responsible for the
detention must release the person immediately. Violators
were punished for illegal detention and must compensate
the detainee for moral damage. Particularly heavy
penalties, including life imprisonment, were imposed for
the crime of abduction.

The Working Group also received a reply from the
Goverment of Greece to the questionnaire on the
implementation of the Declaration on the Protection of
All Persons from Enforced Disappearance. The Government
stated that under articles 5 and 6 of the Constitution,
personal freedom and liberty were guaranteed. In
accordance with article 6.1, no one shall be arrested or
imprisoned without a warrant, which must be issued at the
moment of arrest or detention pending trial. Article 6.2
provides that the arrested person must be brought before
the competent examining magistrate within 24 hours of
his/her arrest. The magistrate then has three days to
either release him/her, or issue a warrant of
imprisonment. In case of "force majeure", this
time limit could be extended by two days. However, the
detainee enjoys the right of recourse before the
magistates' council against a temporary detention
warrant. The Penitentiary Code guarantees the right of
detainees to communicate with their legal counsel and
provides that relatives must be informed if the detainee
is transferred to other detention premises.

Furthermore, the Government informed the Working Group
that under Greek legislation, the protection of personal
freedom against arbitrary detention, abduction or illegal
detention was guaranteed and whoever violated it was
punished and imprisoned. Finally, the Government stated
that any allegation relating to a disappearance was
thoroughly investigated by the authorities.

During 1994, the Working Group transmitted to the
Government of Guatemala six newly reported cases of
disappearance, which allegedly occurred in January,
August and September 1994. They were sent under the
urgent action procedure. The Working Group also
retransmitted to the Government one case, updated with
new information from the source.

The majority of the 3,144 reported cases of disappearance
in Guatemala occurred between 1979 and 1986, in the
context of the Government's fight against the Guatemalan
National Revolutionary Unity (URNG) (Unidad
Revolucionaria Nacional Guatemalteca). Their
characteristics have been described in detail in the
Group's previous reports.

The Working Group undertook a visit to Guatemala in 1987.
The observations included in the 1987 report on that
mission (E/CN.4/1988/19, Add.1) referred in particular to
the efforts that should be made to improve the
functioning of the habeas corpus procedures, to protect
the life of witnesses, as well as of persons and
organizations denouncing cases, and to adopt convincing
measures to prevent and clarify disappearances.

It should be noted that, although the number of reported
cases has declined notably since 1991, disappearances
have become more selective in recent years and have
mainly affected trade unionists, student leaders,
journalists and human rights defenders.

The newly reported cases concern a member of the National
Council for the Displaced of Guatemala who was reportedly
arrested in January 1994 in Guatemala City by members of
the armed forces; a human rights worker and member of the
Mutual Support Group (GAM), who was detained by members
of a Civilian Self-Defence Committee in August 1994 and
taken to an unknown destination; a farm-manager; and
three peasants.

In January 1994, the Government of Guatemala and the
General Command of URNG agreed, under the auspices of the
Secretary-General, to resume negotiations to put an end
to the internal armed conflict. On 29 March 1994, both
parties signed the Comprehensive Agreement on Human
Rights, and on 23 June 1994, an Agreement on the
establishment of the commission to clarify past human
rights violations and acts of violence that have caused
the Guatemalan population to suffer. In the Comprehensive
Agreement on Human Rights, the parties requested the
United Nations to establish a mission to verify human
rights, without waiting for the conclusion of an
agreement for a firm and lasting peace. The Working Group
believes that the recent establishment of the United
Nations Human Rights Verification Mission in Guatemala
(MINUGUA) can make a decisive contribution to ongoing
efforts in Guatemala to put an end to the violations of
human rights, including enforced or involuntary
disappearances and to the violation of international
humanitarian law.

Information received

Non-governmental organizations acknowledged that during
1994 there was a decline in the number of disappearances
reported in Guatemala, but deplored the fact that the
number of extrajudicial executions of such disappeared
persons had increased. It was further alleged that death
threats had become more and more frequent, in particular
against social workers, trade unionists, active members
of political parties and members of the indigenous
communities.

It has also been reported that recourse to habeas corpus
produces no results and that, in the vast majority of
cases, the relatives have received no reply whatsoever
from the courts and tribunals concerning the results of
the applications made. It has further been alleged that
police investigations are hampered by interference from
members of the armed forces and that the investigations
of the Government Procurator's Office are usually
ineffective.

It is also alleged that the Government of Guatemala has
not seriously investigated reports of clandestine
detentions in military barracks or of the existence of
secret prisons. In 1992, according to these reports, 20
members of URNG were seen in secret detention centres. It
has also been claimed that the Government has not
succeeded in preventing the persistent and violent abuses
committed in the interior of the country by the Voluntary
Civilian Self-Defence Committees (PACs), who act under
close military supervision.

The Working Group was also informed that, on 24 June
1994, the Government of Guatemala and URNG concluded an
agreement on the establishment of a commission to
investigate the violations of human rights and the acts
of violence against the population which have occurred
since the start of the armed conflict, in the early
1960s.

During 1994, the Government of Guatemala provided
information on five cases of disappearance which occurred
between 1992 and 1994. In one case, the body of the
missing person was found, bearing four bullet wounds and
signs of torture. If the source does not contest
information within a period of six months, the case will
be considered clarified. The other four cases were
reported to be before the courts of investigation of
first instance. In accordance with the new Code of
Criminal Procedure, which came into effect on 1 July
1994, these cases were forwarded to the
Attorney-General's Office, which will oversee and carry
out the corresponding investigations. The information
provided on these four cases was considered by the
Working Group insufficient to constitute a clarification.

By a note verbale dated 1 November 1994, the Government
of Guatemala informed the Working Group of the action it
had taken to implement the provisions of the Declaration
on the Protection of all Persons from Enforced
Disappearance. The Government stated that, as part of the
negotiating process aimed at ending the internal conflict
that Guatemalans have been living through for the past 34
years, the Comprehensive Agreement on Human Rights had
been signed between the Government of the Republic and
URNG. In section III of the Agreement, the Government had
pledged itself to initiate in the legislature necessary
legal amendments to the Penal Code so that enforced or
involuntary disappearances might be characterized as a
crime of particular gravity and punished as such. The
Government had also pledged itself to foster in the
international community recognition of enforced or
involuntary disappearances as crimes against humanity. As
progress was made towards meeting the provisions of the
Comprehensive Agreement, the State put into effect, as
from 1 July 1994, a new Code of Criminal Procedure, which
was expected to provide the administration of justice
with a remodelled legal instrument to ensure that due
process prevailed. The new Code assigned specific
functions to the State Procurator's Office with regard to
its power to institute and conduct prosecutions, which
made it the defender of society and the regulatory body
for all proceedings.

With regard to guarantees against arbitrary detention,
the Government, in its reply, cited articles 6, 7 and 13
of the Political Constitution of the Republic. Unlawful
detention is punishable in accordance with Penal Code
articles 203, 204 and 424. Habeas Corpus proceedings are
established and ruled for in articles 82, 85, 86 and 87
of the Amparo, Habeas Corpus and Constitutionality Act.
Articles 21, 257 to 260, 266 and 267 of the Code of
Criminal Procedure deal with arrest and pre-trial
detention. Lastly, the Government reported that the
judicial apparatus included a central register of
detainees. The Government reply makes no reference to
obstacles encountered in implementing the Declaration.

Observations

The Working Group remains concerned at the continuing
allegations of human rights violations, as well as of
impunity for those who commit such violations. A changed
pattern in which enforced disappearances seem to be
replaced by an increase in extrajudicial executions poses
new threats for the protection of human rights in
Guatemala.

The Working Group is concerned also at the inefficiency
of habeas corpus and the lack of a prompt and effective
judicial remedy to determine the whereabouts of a person
deprived of liberty. It calls upon the Guatemalan
authorities to ensure effective functioning of habeas
corpus.

At the same time, the Working Group highly appreciates
the signing of the Comprehensive Agreement on Human
Rights and the establishment of the Commission to Clarify
Past Human Rights Violations. It expresses the hope that
enforced or involuntary disappearances will be soon
characterized as crimes of particular gravity and
punished as such, as agreed in the Comprehensive
Agreement and as established in the Declaration.

The Working Group further hopes that the Commission to
Clarify Past Human Rights Violations and the United
Nations Verification Mission established under the
Comprehensive Agreement on Human Rights will fully
cooperate with the Working Group on Enforced or
Involuntary Disappearances with respect to the receipt,
analysis and further processing of complaints concerning
disappearances.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Guinea.

The majority of the 28 reported cases in Guinea occurred
in 1984 and 1985 in the context of a coup d'état. It may
be noted that the Working Group has received no reports
of disappearances occurring in Guinea after 1985.

Despite a full retransmittal of these cases in 1994, at
the request of the Government of Guinea, no information
was received by the Working Group with regard to these
cases. The Working Group is, therefore, still unable to
report on the fate or the whereabouts of the disappeared
persons.

In the light of General Assembly resolution 46/7 of 11
October 1991, in which the Assembly affirmed as
unacceptable any entity resulting from the attempted
illegal replacement of the constitutional President of
Haiti and demanded the immediate restoration of the
legitimate Government of President Aristide, the Working
Group renewed its decision not to address its
communications to the de facto authorities of Haiti.
However, in 1994, for humanitarian reasons, the Working
Group transmitted eight newly reported cases of
disappearance, under the urgent action procedure to Mr.
François Benoît, Port-au-Prince, Haiti. These cases
occurred between the months of March and July 1994. On 15
October 1994, President Aristide returned to Haiti and
replaced the de facto authorities.

The majority of the 48 reported cases of disappearance
occurred in three waves during the periods 1981-1985,
1986-1990 and 1991-1993. Most of the cases which occurred
during the first period concerned members or supporters
of the Haitian Christian Democrat Party who were
allegedly arrested by members of the armed forces or by
the Tonton Macoutes. The cases that occurred during the
second period concerned persons who were reportedly
arrested by armed men in civilian clothes, members of the
Anti-Gang and Investigation Service, and by the police.
The last wave of cases took place in the aftermath of the
coup d'état which ousted elected President Aristide.

The newly reported cases concern supporters of a popular
organization known as OP-17 who were allegedly abducted
by members of the Front for the Advancement and Progress
of Haiti (FRAPH) as they were going to a meeting. In
another case, the person was reportedly arrested by
members of the security forces and has not been seen
since. One case concerns a woman political activist,
abducted from her home by eight armed men, some in
civilian clothing, others in military uniform, following
several interviews given by her husband, a political
refugee in the United States, to the "Voice of
America", in which he was critical of the de facto
authorities. Four cases concern members of a peasant
organization called "Federasyon Gwoupman Peyizan
Kombit Laveje Sodo", who were reportedly arrested at
their homes by uniformed members of the police.

Information received

According to reports received from non-governmental
organizations, there was a drastic increase in the number
of disappearances in Haiti in 1994, which is said to be
indicative of the overall deterioration of the human
rights situation in Haiti following the coup d'état on
30 September 1991 which toppled the democratically
elected President, Jean-Bertrand Aristide.

Most disappearances were reportedly carried out by the
army and its civilian allies in FRAPH, as well as by the
police.

According to testimonies provided by a number of victims
who reappeared, disappearances followed a similar
pattern: victims were forcibly abducted from their homes
or on the street by uniformed or armed men in civilian
clothing and taken away to a secret location for
interrogation and torture. Many are said to have been
interrogated about their political or union activities or
their relationship with other activists. Many of the
victims were members of popular organizations or
relatives of such members, or had close ties with a
political organization or union. The reported aim of
their abductors is to obtain information on the
activities or members of these organizations, as well as
to terrorize the popular movements in favour of the
return of President Aristide.

The present rhythm of disappearances is said to indicate
that it has become a systematic practice, part of the
overall sharp increase in human rights violations,
including assassination, rape, and arbitrary arrest.
There is no evidence to indicate that these crimes have
been investigated, much less prosecuted by the
authorities. On the contrary, their recent escalation
evidently testifies that they have been committed with
full impunity.

Although several reminders were sent, no information was
received by the Working Group from the de facto
authorities in Haiti with regard to the above cases of
disappearance. The Working Group looks forward to opening
a fruitful dialogue and cooperation with the new
Government of Haiti, with a view to settling the
outstanding cases.

During 1994, the Working Group transmitted three newly
reported cases of disappearance to the Government of
Honduras, one of which reportedly occurred in September
1993 and two in 1994.

The majority of the 196 cases of disappearance reported
to the Working Group occurred between 1981 and 1984, a
period during which members of battalion 3-16 of the
armed forces and heavily armed plainclothesmen seized
people perceived as ideological enemies in their homes or
on the street, and took them to clandestine detention
centres. The systematic practice of disappearance ended
in 1984, although sporadic cases have continued to occur.

One of the newly reported cases concerns a Nicaraguan
citizen who was first detained in April 1981, and again
in March 1993, on suspicion of being a member of the
Sandinista National Liberation Front. Following his
detention in March 1993, his whereabouts have remained
unknown. Police officers in Choluteca have reportedly
refused to investigate his disappearance, claiming that
the complaint was filed too late. The second case
concerns a salesman who was allegedly arrested by a
number of individuals, including civilians, under the
command of a police sergeant. His arrest was reportedly
linked to a prior criminal act in which the son of one of
the above-mentioned civilians died. The other case
concerns a housewife who went to the police concerning
the arrest of the salesman. Both cases occurred in the
department of Colon in September 1994.

Information received

According to reports received from non-governmental
organizations, the practice of enforced or involuntary
disappearance was systematic and general in Honduras
during the 1980s, especially from 1982 to 1984. The
reports state that for years the authorities took no
action to clear up these cases and prosecute those
responsible, some of whom allegedly still occupy
positions of responsibility. However, the preliminary
report prepared by Dr. Leo Vallardes Lanza, National
Commissioner for the Protection of Human Rights, and
published on 29 December 1993 establishes the
responsibility of the military and civilian officials for
the clandestine, systematic and organized disappearance
of 184 persons suspected of having links with armed
opposition groups during the 1980s.

The preliminary report, entitled "The facts speak
for themselves", is said to have put an end to years
of passivity by successive Governments with regard to the
problem of the disappearances. According to the report,
the fact that the authorities tolerated the crimes, and
the impunity with which they were committed, was perhaps
more damaging than the actual violation of human rights.

According to the report, the victims were persons
arbitrarily deemed dangerous by those who claimed to be
protecting the security of the State. In order to be a
potential victim it was enough to be a student, a trade
union leader or member, a peasant leader, a supporter of
an opposition party or of a political group regarded as
left leaning, or to be suspected of sympathizing with the
Frente de Liberacion Nacional Farabundo Martí of El
Salvador or the Sandinista Government of Nicaragua. The
report indicates two general types of disappearance. The
first type, which was selective, was planned and carried
out by special units of the armed forces (usually by the
National Investigation Department) and of each military
corps (G-2), and in particular battalion 3-16. The second
type was part of the ordinary activity of the military
and police forces. The armed groups of the Nicaraguan
opposition, known as "contras", allegedly also
caused the disappearance of Nicaraguan citizens in
Honduras.

A common feature of the cases examined in the preliminary
report is the non-fulfilment by the judiciary of their
obligation to protect citizens. Applications for the
remedy of habeas corpus were not dealt with as promptly
as required by the Constitution and unfailingly produced
no results whatsoever. As a rule, judges would not carry
out investigations at the scene of the crime and ignored
accusations and evidence that would enable an accurate
identification to be made of the persons allegedly
responsible. They took no action against the perpetrators
and planners of the crimes. The certainty that those
responsible would go unpunished, because of the lack of
any investigation or judicial sanction, obviously
contributed to the continued perpetration of these
crimes. The Government's indifference and the
ineffectiveness of the judiciary with respect to the
disappearances thus undermined the very bases of the
State and the rule of law.

The National Commissioner recommended that the persons
mentioned in his report should appear before the courts
for the purpose of determination of their responsibility
and punishment of the guilty. The Commissioner also
requested identification of the clandestine cemeteries
where many of the persons who had disappeared are alleged
to be buried and the opening of the military files
concerning the counter-insurgency operations.

One non-governmental organization alleged that the
recommendations contained in the preliminary report of
the National Commissioner were disregarded by former
President Callejas. Similar opposition is said to have
been shown by the official spokesmen of the Armed Forces,
who refused to open military records on the grounds that
they contained information involving national security.

During 1994, no information was received by the Working
Group from the Government concerning the outstanding
cases. The Working Group is, therefore, unable to report
on the fate or whereabouts of the disappeared persons.

During 1994, the Working Group transmitted 11 newly
reported cases of disappearance to the Government of
India. Six of these cases reportedly occurred in 1994 and
were sent under the urgent action procedure. During the
same period, the Working Group clarified eight cases. The
Working Group also transmitted to the Government one
case, updated with new information from the source.

The majority of the 224 cases of disappearances reported
to the Working Group occurred between 1983 and 1994, in
the context of ethnic and religious disturbances in the
Punjab and Kashmir regions. The disappearances in both
regions were primarily attributable to the police
authorities, the army and paramilitary groups acting in
conjunction with, or with the acquiescence of, the armed
forces. In Kashmir, numerous persons are said to have
disappeared after "shoot-outs" with security
forces. The disappearances were alleged to have been the
result of a number of factors related to the wide powers
granted to the security forces under emergency
legislation, in particular the Terrorist and Disruptive
Activities Act and the Public Security Act. In addition
to allowing preventive detention, these laws reportedly
allowed prolonged detention without the many other normal
safeguards available under the criminal codes.

Ten of the newly reported cases occurred in the Punjab
region, and one case in Kashmir. The victims included
several shopkeepers, a student, a day labourer, a lawyer
who was reportedly well-known for defending Sikhs
detained in the Punjab and two journalists believed to
have disappeared because of their alleged links with
secessionist movements and for having publicly criticized
the Punjab authorities. Another case concerned a member
of the Baveriya caste living in Uttar Pradesh, who was
reportedly arrested in 1994, together with his wife and
his 80-year-old father, and later released after having
allegedly been beaten by the police.

Information received

The Working Group received information of a general
nature from a number of non-governmental organizations.
During the current reporting period, the Working Group
received fewer cases of disappearance or communications
concerning the general situation in the country than in
the past. This is reportedly due to the fact that people
inside the country fear reprisals should they report on
human rights violations. The disappearance of human
rights lawyers and activists is said to have created an
atmosphere of fear and distrust. It is further reported
that the persons who have disappeared are mostly young
men suspected of connections with armed secessionist
groups. According to the information received, in Jammu
and Kashmir disappearances are carried out by the army
and paramilitary groups, while in Punjab it is primarily
the police which is responsible for disappearances. In
the majority of cases, the Government is said to deny
holding the detainees. For the few cases in which the
authorities have acknowledged the detention, those
responsible are said to have operated with impunity, not
being held accountable or punished. According to
non-governmental organizations, there are as many as
several thousand cases of disappearance in the Punjab.
The need for the Government to keep accurate and public
records on detainees was stressed.

By letter dated 3 December 1993, which was received after
the adoption of last year's report, the Government
replied concerning seven individual cases, denying having
arrested or detained five of the alleged missing persons;
in one case it reported that the subject was a hard-core
terrorist who had absconded a year ago, while in another
case the Government reported that the person could not be
traced because of a lack of accurate details concerning
his private address.

By letter dated 28 November 1994, the Government provided
information on 23 cases. With respect to one case, the
Government admitted the persons' detention. Two of the
cases reportedly concerned criminals who were wanted by
the police, and two other cases were before the courts.
With regard to eight cases, nothing was revealed in the
investigation to substantiate any of the allegations made
in the communication. In one case, the Government denied
the arrest of the person concerned. It stated that no
investigation could be carried out in two cases, owing to
a lack of information. With respect to seven cases, more
time was needed for the investigation.

In response to the general allegations, the Government
stated that allegations that there is a general
atmosphere of fear and distress and people inside the
country fear reprisals should they report on human rights
violations are sweeping and baseless and contradicted by
fact. It said that respect for human rights was enshrined
in the Indian Constitution, and that India had a
constitutionally established and independent judiciary
which functioned in a multi-party democratic system. With
regard to alleged cases of disappearance of young men
connected with armed secessionist groups in the States of
Jammu and Kashmir and Punjab, the allegations were false.
The Government referred to the problem of terrorism in
these two States. The Government denied the allegations
that there may be several thousand cases of
disappearances in Punjab. It further stated that it was
unfair to allege that in Jammu and Kashmir disappearances
were carried out by the army and paramilitary groups,
while in Punjab it was primarily the police who were
responsible. Such reports failed to make a fundamental
distinction between the complex problems arising out of
terrorism and insurgency and the maintenance of public
order in a normal situation. The Government stated that
there were no provisions which guaranteed any form of
impunity to the law enforcement and security forces
against prosecution or other disciplinary proceedings for
any excesses or human rights violations. Scrupulous care
had been taken to protect the rights of the individual
under due process of law. Habeas corpus was available to
all under the Indian judicial system in all
circumstances. Wherever there was any suspicion of police
excesses, action was taken. In Punjab, action had been
taken against 210 police personnel, in the State of Jammu
and Kashmir, action had been taken against 170 officers
and men of the army and security forces. Finally, the
Government stated that it was its policy to cooperate
fully with the Working Group. All cases of alleged
disappearance which were brought to the attention of the
police authorities were investigated.

During 1994, the Working Group transmitted four newly
reported cases of disappearance to the Government of
Indonesia. During the same period, the Working Group
retransmitted nine cases to the Government, updated with
new information from the sources. It also considered
clarified, on the basis of information previously
provided by the Government, five cases on which no
observations had been received from the sources within a
period of six months. In addition, the Working Group
informed the Government that four cases had been deleted
from the statistics owing to duplication.

The majority of the 418 cases of reported disappearance
in Indonesia occurred in 1991 and were related to the
incident at the Santa Cruz cemetery in Dili, East Timor
when, on 12 November 1991, security forces opened fire on
peaceful mourners during a memorial service for two
youths who had been killed in a clash with the police. It
is alleged that over 200 persons were killed and that
about the same number of people disappeared on or shortly
after 12 November 1991.

The three newly reported cases are also alleged to have
occurred in East Timor, all of them in 1992. The first
case concerns an individual who was allegedly arrested in
Dili on 28 November 1992, by the armed forces, following
a meeting organized by the army commander of the Barat
sector in Dili in which the subject took the floor to
voice criticisms against the Government. In the second
case, the individual concerned was allegedly arrested by
the armed forces on 6 October 1992 in the city of
Ossalugu while on his way home from work. In the third
case, the person concerned was allegedly arrested at the
Dili airport on 19 September 1992 by the armed forces.

Information received

Reports of a general nature on disappearances in Acheh
and East Timor were received from several
non-governmental organizations. It was alleged that
during 1994 there was an increase in human rights
violations, including enforced disappearances, in Acheh,
in particular in the capital of Bandar Acheh. Many of the
victims are said to have been accused of having
sympathized with the Free Acheh Movement.

Serious concern was expressed about the Government's
failure to investigate properly and provide adequate
information on the fate and identity of those persons
killed or disappeared in East Timor after the Santa Cruz
incident in 1991. The Government is said to have located
the remains of only 19 of the dead, and to have
positively identified only one person.

It is further alleged that those responsible for the
human rights violations committed at the Santa Cruz
cemetery have never been brought to justice and that
security forces are able to operate with impunity. On the
rare occasion when soldiers are prosecuted for human
rights violations, their punishment is reportedly not
commensurate with the severity of the crimes they have
committed, and there is said to be a serious discrepancy
in the sentencing of military personnel and peaceful
civilian protesters. Concern was, moreover, expressed
that the recently created National Human Rights
Commission had decided not to investigate past
violations, thereby closing another avenue of redress for
the families.

During 1994, the Government replied to a number of
individual cases. With regard to six cases, the
Government informed the Working Group that, after a
thorough search, it had been determined that there were
no persons with the subjects' names registered in any
detention house. With regard to two other cases, the
Government reported that the persons concerned had been
released, and with respect to three other cases, it
stated that endeavours to find them had been and were
being conducted in a rigorous and thorough manner.

In response to the general allegations transmitted to it,
the Government replied that allegations submitted by the
non-governmental organization Acheh/Sumatra National
Liberation Front were not credible, and the allegations
that there was an increase in human rights violations in
Acheh province were totally baseless. In response to the
allegations that those responsible for the Dili incident
in 1991 had never been brought to justice, the Government
replied that those allegations were unsubstantiated and
that the Military Honorary Council had been set up to
investigate military personnel involved in the incident.
As a result of the findings and decisions of that body,
disciplinary action had been taken against several
officers and military personnel involved in the incident.

During 1994, the Working Group transmitted one newly
reported case of disappearance to the Government of the
Islamic Republic of Iran, which was reported to have
occurred in 1992.

The majority of the 508 cases of reported disappearance
occurred between 1981 and 1989. Some of the missing
persons were reportedly arrested and imprisoned for their
alleged membership in armed opposition groups. Many of
their relatives have reportedly been unable to trace
their whereabouts or to seek assistance from lawyers,
since there is no independent bar association, and many
lawyers have been forced to abandon their profession.
There are no legal provisions for the relatives of the
missing persons to file writs of habeas corpus.

The newly reported case concerned an Iranian employee
allegedly detained by members of the Islamic
Revolutionary Guards Corps.

Information received

The Working Group has received reports about the arrest
and detention of people in circumstances which do not
permit the relatives of the arrested person to be
informed either of the arrest or of the individual's
subsequent whereabouts. It was reported that many such
arbitrary arrests and detention were carried out by the
police, the State security police, the Gendarmerie, the
Islamic Revolutionary Guards Corps (Pasdaran), the
Islamic Revolutionary Committees (Komitehs), the
Political-Ideological Bureau of the Armed Forces; the
Basijis and irregular paramilitary forces of volunteers.
Detainees were said to be held in incommunicado
detention, frequently for extended periods of solitary
confinement, and were completely isolated from any
contact with their family and lawyers.

It was further alleged that most Iranians arrested for
political or security offences remained in unacknowledged
detention and that inquiries made by relatives generally
went unanswered. It was further said that relatives
feared reprisals if they reported cases of disappearance
either to the authorities or to international
organizations. Therefore, the most relatives dared to do
was to seek information through personal channels.
Reportedly, such an atmosphere of insecurity explained
the refusal of relatives to denounce cases of
disappearance and unacknowledged detention.

During 1994, no new information was received from the
Government with regard to the outstanding cases. The
Working Group is, therefore, unable to report on the fate
and whereabouts of the disappeared persons.

During 1994, the Working Group transmitted a total of
5,335 newly reported cases of disappearance to the
Government of Iraq, of which none were reported to have
occurred in 1994. The cases were submitted by
non-governmental organizations. No cases of reported
disappearances in Iraq were clarified in 1994.

The great majority of the 15,905 cases of disappearance
reported to have occurred in Iraq concern persons of
Kurdish ethnicity who allegedly disappeared in 1988. A
significant number of other cases concern persons of Arab
ethnicity of the Shi'a faith who are reported to have
disappeared in the late 1970s and early 1980s.

Of the 5,335 cases transmitted in 1994, 4,982 concern
persons of Kurdish ethnicity who are reported to have
disappeared in the region of Khalar in the spring of 1988
during the Anfal operations then being conducted by the
Government of Iraq. The remaining 353 cases transmitted
in 1994 concern principally persons of Arab ethnicity, of
the Shi'a faith from south-central Iraq, who are reported
to have disappeared in the early 1980s in the course of
the expulsion of their families to Iran on the allegation
that they were of "Persian ancestry".

Information received

According to information received from non-governmental
organizations, the general situation of human rights in
Iraq continues to be poor, featuring increasing
criminality and a further decline in the rule of law,
especially in the southern part of the country. The
ability of family members of disappeared persons to
obtain information from the authorities concerning the
fate of those missing continues to be constrained by a
fear of reprisals and a generalized absence of trust in
the established institutions. Such fear is reported to be
founded upon, among other things, laws which hold family
members responsible for established or alleged conduct of
other family members.

In 1994, the Working Group continued to receive
information concerning cases of persons reported to have
disappeared in Iraq some years ago. However, because of a
shortage of human and material resources, information on
some 300 persons has yet to be processed so as to be
brought before the Working Group for examination of and
decision in each case.

By a letter dated 15 March 1994, information was received
from the Government of Iraq concerning five previously
transmitted cases, but the Working Group found the
information provided by the Government to be insufficient
to clarify the cases.

Observations

Iraq is currently the country with the highest number of
disappearances on the files of the Working Group. This is
a situation of extreme concern to the Group, especially
in view of the alleged climate of continuing intimidation
and retaliation which, in practice, makes it impossible
for relatives of disappeared persons to take steps to
establish the whereabouts of their family members. This
situation is aggravated by the fact that ethnic and
religious minorities, such as the Kurds and Shi'tes, are
particularly affected.

The Working Group wishes to remind the Government of Iraq
of its responsibility under the Declaration on the
Protection of All Persons from Enforced Disappearance to
investigate all past cases of disappearance with a view
to establishing the fate of the persons concerned, and to
bring the perpetrators to justice. To this end, a climate
of security should exist in the country which enables
family members of disappeared persons to exercise their
right to complain to a competent State authority.

Although the Government of Iraq has provided information
on some cases, the Working Group urges the Government to
cooperate fully with it, in order to determine the fate
and whereabouts of the disappeared persons.

During 1994, the Working Group transmitted one newly
reported case of disappearance to the Government of
Israel and retransmitted one case, updated with new
information from the source.

There are, at present, two outstanding cases in Israel.
The first case reportedly occurred in 1991 and concerns a
Palestinian living in the West Bank who was believed to
have been detained by the Israeli security forces. The
newly reported case is said to have occurred in 1992 in
Jerusalem and concerns a man who allegedly did not return
home from work. He is believed to be detained in a prison
in Tel Aviv.

During 1994, no information was received from the
Government of Israel with respect to either of these
cases. The Working Group, therefore, is unable to report
on the fate and whereabouts of the disappeared persons.

During 1994, the Working Group transmitted to the
Government of Kazakhstan, for the first time, two cases
of disappearance which reportedly occurred in 1994. The
cases concern persons of Uzbek nationality who were
allegedly members of the Uzbek political party
"Erk". They are said to have been living as
refugees in Kazakhstan and were reportedly abducted from
their home in Almaly by six officers, allegedly working
for the Uzbekistan Ministry of the Interior. It was
believed that their abduction might have been connected
to their activities for a newspaper, reportedly produced
outside Uzbekistan and distributed clandestinely inside
the country.

In accordance with the Working Group's methods of work,
these cases were transmitted to the Government of
Kazakhstan, the country where the abductions allegedly
occurred and a copy of the cases was sent to the
Government of Uzbekistan, since their forces were
implicated in the abduction. Kazakhstan, a former
republic of the Soviet Union, proclaimed its independence
on 16 December 1993.

At the time of the adoption of the present report, the
Working Group has not received any information from the
Government of Kazakhstan with regard to these cases. The
Working Group, therefore, is unable to report on the fate
and whereabouts of the disappeared persons.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Kuwait.

The only outstanding case was submitted by a relative of
the victim and concerns a "bidoun" of
Palestinian origin with a Jordanian passport, who was
reported to have disappeared in 1991 in the aftermath of
the occupation of Kuwait by Iraqi forces.

Information received

During the period under review, the Government of Kuwait
sent several replies concerning this case. In one
communication it stated that the competent authorities
had no record of the subject, and denied any involvement
regarding this case. The source contested the
Government's reply and still believes that the subject is
detained in Kuwait. On 17 October 1994, the Government of
Kuwait requested additional information from the source
in order to enable the Kuwaiti authorities to investigate
further the whereabouts of the victim.

At its forty-fourth session, on 30 November 1994, the
Permanent Representative of Kuwait to the United Nations
Office at Geneva met with the Working Group and
reconfirmed the willingness of his Government to
cooperate with the Group. He said that his country, at
the highest level, attached a great deal of importance to
the one outstanding case in Kuwait. The Government
understood the anguish of the family members and was
aware of the social and humanitarian implications of
disappearance for the family. The Ambassador described
for the Working Group the situation in Kuwait following
the invasion by Iraq. He said that one particular
difficulty was the absence of documentation and records
for this period. He reiterated the willingness of his
Government to cooperate with the Working Group and to
continue the search to determine the whereabouts of the
disappeared person.

The Working Group received a reply from the Government of
Kuwait to the questionnaire on the implementation of the
Declaration on the Protection of All Persons from
Enforced Disappearance.

The Working Group welcomes the fact that the Government
has distributed the Declaration to the competent
authorities and has ensured that the media have made it
known to the public at large. The Government states that
it considers all acts entailing enforced disappearance to
constitute a flagrant violation of human rights.

The reply to the questionnaire provides extensive
information concerning procedures relating to detention,
and legal measures taken in cases of enforced or
involuntary disappearance. It also reports on legislation
in the area of prevention and prosecution of persons
responsible for enforced or involuntary disappearances.
The Government further states that it has not found it
necessary to promulgate special legislation in this
connection, since adequate provisions exist in the
Kuwaiti Penal Code; such acts are regarded as punishable
offences when committed by public officials. Provisions
concerning disappearances are also embodied in the
Constitution, the Civil Code and in the Act of the
Organization of the Judiciary.

The Government further reported that, according to
Kuwaiti law, the maximum period during which a person may
be held in incommunicado detention is seven days.

During 1994, the Working Group transmitted to the
Government of the Lao People's Democratic Republic, for
the first time, one case of disappearance, which
reportedly occurred in 1993. The case concerns the leader
of the repatriation groups returning to Laos, who
reportedly left his residence with an official from the
Department of the Interior to go to the Laotian
Department of the Interior to discuss the future home for
the returning repatriation groups. Since then, his
whereabouts have remained unknown.

Information received

During the reporting period, the Government
of Laos informed the Working Group that it had no record
of any contact between the Ministry of the Interior and
the subject on the day of the latter's disappearance. The
Government stated that its investigation to locate the
subject had, so far, been to no avail, but that it would
not fail to bring to the Working Group's attention any
further information it might receive.

During 1994, the Working Group transmitted one newly
reported case to the Government of Lebanon.

The majority of the 249 cases of disappearances reported
to the Working Group occurred in 1982 and 1983 in the
context of the Lebanese civil war. Those responsible for
the disappearances are said to have belonged to the
Phalangist Militia, the Lebanese Army or its security
forces; in some cases, the Israeli Army was also
reportedly involved in the arrest, together with one of
the other forces mentioned above. Most of the detentions
occurred in Beirut and its suburbs. Certain reports
indicated that the arrests were made by armed men in
civilian clothes operating from vehicles. In a number of
cases, the missing person was reportedly arrested and
taken away from the Sabra and Shatila camps in September
1982. In some cases which reportedly occurred in 1984,
1985 and 1987, the arrested persons were foreign
nationals who were abducted in Beirut. In some of these
cases, religious groups such as the "Islamic Holy
War" later claimed responsibility for the
abductions.

The newly reported case is said to have occurred in
September 1992. It concerns a member of the political
bureau of the Phalangist party who was allegedly abducted
in front of his home, said to be in an area under the
control of Syrian troops, by a group of armed men in
civilian clothes.

Information received

During 1994, the Working Group received several
communications from the Government of Lebanon. In one
note verbale, the Government again drew the Working
Group's attention to the fact that the Lebanese
authorities were not in control of the regions of the
country where these disappearances had occurred because
of the state of war which existed in Lebanon at that
time. In a letter dated 15 June 1994, the Working Group
reminded the Government of Lebanon of its obligation to
do its utmost to elucidate the cases of disappearance
transmitted to it in the past. Reference was made to the
applicability of article 7 of the Declaration on the
Protection of All Persons from Enforced Disappearance to
the circumstances which affected Lebanon at the time of
the above disappearances. This article particularly
emphasizes the continuing responsibility of Governments
to undertake all requested investigations, until the fate
of the missing persons is fully elucidated. In another
communication, the Government of Lebanon informed the
Working Group that the security forces had conducted the
necessary investigations regarding the missing persons,
in particular with religious and humanitarian
organizations, but they had not found any new substantive
elements. With regard to the case transmitted in 1994,
the whereabouts of the person concerned remained unknown.

The Government of Lebanon also sent a reply regarding the
implementation of the Declaration on the Protection of
All Persons from Enforced Disappearance. The Government
indicated that the legislation and regulations in force
in Lebanon already embodied the necessary provisions for
the application of the Declaration and for the punishment
of perpetrators.

Information was provided, in particular, on the rights of
any suspects held in custody for more than 24 hours: the
right to be presented before the court; the right to
appoint a lawyer and to be contacted by him at any time,
in private, during their detention; the right to be
visited by their relatives and the judicial authorities;
and the right to apply for release, regardless of the
nature of the offence, at any stage of the judicial
procedure.

During 1994, the Working Group transmitted its first case
of a reported disappearance to the Government of Libya.
The case concerns a Sudanese translator at the
International Centre of Research of the Green Book in
Tripoli, who reportedly disappeared in 1993.

To date, no response has been received from the
Government of Libya. The Working Group, therefore, is
unable to report on the fate and whereabouts of the
disappeared person.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Mauritania. The one outstanding case reportedly occurred
in 1990 and concerns a 21-year-old man who is said to
have been taken away by members of the National Guard in
a village in southern Mauritania during a nightly curfew.
Reportedly, at this time, many people belonging to the
"Hal-Pulaar" ethnic group in the south of the
country were subjected to human rights violations,
allegedly carried out by government forces and the
Haratine militia.

Information received

During 1994, the Government of Mauritania informed the
Working Group that, despite thorough investigations, it
had not been able to identify the disappeared person or
to confirm that a case of disappearance had occurred on
the date and in the place referred to.

During 1994, the Working Group transmitted 35 newly
reported cases of disappearance to the Government of
Mexico, under the urgent action procedure. During the
same period, it clarified three cases in which it was
reported that the missing persons' remains had been
found. In accordance with Commission on Human Rights
resolution 1994/70, the Working Group sent a "prompt
intervention" cable to the Government of Mexico
requesting protection for representatives of four Mexican
non-governmental organizations who allegedly had been
subjected to acts of intimidation or harassment. The
Working Group also eliminated two outstanding cases from
its files owing to duplication and corrected the
statistics.

The majority of the 291 reported cases of disappearance
in Mexico occurred between 1974 and 1981. Ninety-eight of
these cases took place in the context of the rural
guerrilla warfare which was waged in the mountains and
villages of the State of Guerrero during the 1970s and
the beginning of the 1980s.

Most of the newly reported cases occurred in January
1994, in the context of the armed conflict in the State
of Chiapas. Eighteen cases concern Tzeltal Indian
peasants who were reportedly arrested on suspicion of
belonging to the Zapatista National Liberation Army
(EZLN). Three cases concern three members of the
Coordinating Committee of Independent Organizations of
"Los Reyes de la Paz", who were reportedly
arrested by members of the State Judicial Police in the
State of Mexico in September 1994. Ten cases occurred in
November 1994 in the city of Comitan, State of Chiapas,
and concern persons who were reportedly detained by
members of the Public Security Police while taking part
in a political demonstration. The other four cases
concern Ch'ol and Tzeltal Indian activists reportedly
detained in November 1994 in the town of Palengue, State
of Chiapas.

Information received

According to information received from non-governmental
organizations, the authorities have made slow progress in
investigating the hundreds of cases of disappearance
which occurred throughout the 1970s and during the early
1980s. According to these non-governmental organizations,
the competent federal and State authorities have failed
to implement recommendations made by the National
Commission on Human Rights in relation to cases of
violation of human rights.

The extrajudicial executions and disappearances in the
rural areas of the State of Chiapas occurred when a
previously unknown opposition group, the Ejército
Zapatista de Liberación Nacional (EZLN), took control of
a number of towns in Chiapas on 1 January 1994. On 5 and
6 January 1994, aerial bombing was carried out on
indigenous communities near the town of San Cristobal de
las Casas and fierce fighting between the armed forces
and the rebels took place in the thick jungle areas of
the State. Eighteen disappearances were reported in
January 1994. The remains of three missing members of the
Tzeltal indigenous community of Morelia were found on 11
February 1994, bearing traces of torture.

On 12 January 1994, the Government decided to seek a
political rather than a military solution to the conflict
and unilaterally declared a cease-fire, decreed a general
amnesty and established a national commission for general
development and social justice in the indigenous
communities. However, reports have been received which
indicate that, despite the adoption of these measures by
the Government, members of the armed forces have harassed
human rights monitors, for the alleged purpose of
compelling them to withdraw complaints that the army
participated in violations and abuses of human rights.

Non-governmental organizations also reported that one of
the disturbing features of the Chiapas conflict consisted
in the Mexican Army assuming de facto authority to
enforce the law, which led them to arrest, detain and
interrogate suspects and carry out searches and seizures.
On 26 April 1994, the Agency for the Coordination of
National Public Security was established by presidential
decree, reporting directly to the President. Attention
has been drawn to the fact that the presidential decree
does not set any precise limits to the powers of the
armed forces in protecting public security and that it
weakens the constitutional and legal controls over the
armed forces and the law enforcement agencies, thus
undermining the individual guarantees of the population
and weakening the criteria of responsibility. There have
also been reports that EZLN members have prevented
officials of the National Commission on Human Rights from
investigating several complaints of disappearances in the
community of San Miguel in the municipality of Ocosingo
(Chiapas).

By two notes verbales dated 6 September and 29 November
1994, the Government of Mexico provided information on
the activities of the Special Programme of the Mexican
National Commission for Human Rights regarding Alleged
Disappearances, during the period from May 1993 to May
1994. According to the information received, the National
Commission carried out 119 inspections in 24 Mexican
states. An average of two investigators took part in each
inspection for an approximate period of five days.
Various investigations were conducted in each state and
included interviews with and affidavits from relatives,
witnesses and public employees; requests for and the
handling of information from different government and
private agencies; searches of the archives; the
exhumation of bodies, the location of missing persons and
other actions. A total of 1,293 acts of investigation
were performed during the inspections in the states.

During its forty-second and forty-third sessions, the
Working Group met with representatives of the Mexican
National Commission for Human Rights, who gave an account
of the National Commission's activities and provided the
Working Group with extensive information on 28 cases of
disappearance which occurred between 1974 and 1983. In
eight cases the Working Group decided to consider them
clarified if there was no objection from the family
within six months. In five cases, the Working Group
requested to be provided with copies of the legal
decisions of presumption of death of the persons reported
missing, pronounced with the concurrence of the
relatives. The information provided on the other 15 cases
was considered by the Working Group as insufficient to
constitute a clarification.

With regard to 11 cases which occurred in the State of
Chiapas, the National Commission for Human Rights
reported that it had begun the corresponding
investigation, which, however, had met with complications
when people who claimed to be members of EZLN denied its
staff access to the zone and refused to give any
information on the missing persons. With regard to the
three cases which occurred in the State of Mexico, the
National Commission reported that those persons had been
released on bail with security on 14 September 1994.

In 1994, no new cases of disappearance were transmitted
by the Working Group to the Government of Morocco.

The majority of the 231 cases of disappearance were
reported to have occurred between 1972 and 1980 and
during the 1980s. Most of them concerned persons of
Western Saharan origin who were reported to have
disappeared in territories under the control of the
Moroccan forces, because they or their relatives were
known or suspected supporters of the Polisario Front.
Students and better educated Sahraouis were reported to
have been particularly targeted. In some instances,
disappearances allegedly followed the mass arrest of
persons after demonstrations or before visits of
prominent persons or officials from other countries.

Disappeared persons were reported to have been confined
in secret detention centres, such as Laayoune, Qal'at
M'gouna, Agdz and Tazmamart. Cells in some police
stations or military barracks, and secret villas in the
Rabat suburbs, were also allegedly used to hide the
disappeared. Despite the release in 1991 of a large group
of prisoners, several hundred other Western Saharans are
said to remain unaccounted for, and their families are
reportedly still pursuing their enquiries with the
Moroccan authorities and detention centres.

At its forty-second session, the Working Group received
two representatives from the Association de défense des
droits de l'homme au Maroc. One of the representatives
had himself been the victim of disappearance for nine
years and gave testimony to the Working Group about his
experience.

According to information received from non-governmental
organizations, the amnesty proclaimed on 19 July 1994 by
the King of Morocco for more than 400 persons detained
for political reasons, and the improvement of legislation
regarding "garde à vue" have not contributed
to much progress with respect to disappearances.

For many families of disappeared persons, and
particularly for those of Western Saharan origin,
prospects are said to remain bleak. No official
investigations, it is alleged, have ever been carried out
to determine the present fate and whereabouts of these
persons or to determine why some of these people have
been held, in a number of cases, up to 16 years in secret
detention places such as Tazmamart, without charge or
trial.

Even once released, many of these persons have been
reportedly denied health care, relief, education or job
opportunities, as well as other rehabilitation and
compensation measures they should be entitled to. In
addition, it is alleged that they have been restricted in
their movements or communication with the outside world,
and sometimes threatened with death, should they too
widely disclose their experiences.

As the above circumstances have now allegedly prevailed
for many years, wives of missing persons are said to find
themselves not married, but not divorced or widowed.
Children, if not orphans as such, no longer have a
father. In such situations, families of missing persons
are allegedly deprived of their right to inherit, or have
their property distributed.

During the period under review, the Government of Morocco
informed the Working Group that, in a speech to the
Parliament on 15 June 1994, the Minister for Human Rights
had indicated the steps taken regarding the question of
missing persons. Investigations conducted with a view to
responding to several non-governmental organizations
which alleged the "disappearance" of between
200 and 500 Saharans had revealed that 40 persons had
died in the course of hostilities and had been officially
identified; two persons had died natural deaths; 53
persons were under the jurisdiction of the Royal Armed
Forces in Agadir; and two persons were enjoying complete
freedom, one being a civil servant in Laayoune, and the
other retired and living in the town of Smara. There were
97 of these persons, contrary to the claim that hundreds
had disappeared. Investigations were now in progress
regarding another group of 60 persons.

During an exchange of views with the Working Group, at
its forty-fourth session, the Government of Morocco,
represented by the Directeur de la Concertation et de la
Défense des droits de l'homme of the Ministry of Human
Rights and the Chargé d'affaires a.i. of the Permanent
Mission of the Kingdom of Morocco to the United Nations
Office at Geneva, highlighted the complexity and
sensitivity of the issue of disappearances in the
country. The Ministry of Human Rights had compiled a
maximum amount of information on cases of disappearance
provided by associations, families and friends of
disappeared persons. It also had mobilized all
departments concerned in the Government to undertake the
necessary investigations, with a view to identifying the
whereabouts of these persons, and to providing
rehabilitation and compensation to the victims.

The Government of Morocco informed the Working Group that
the group of 53 persons held by the Royal Armed Forces
had been visited by the International Committee of the
Red Cross and were held in conditions that conformed with
internationally recognized standards.

Regarding the 33 people who had died in Tazmamart Fort,
the Ministry of Human Rights was now cooperating with the
Ministries of Defence and Justice in order to deliver to
the concerned families death certificates for their
relatives and to examine what kind of assistance and
compensation measures might be contemplated on their
behalf. As far as the 28 released former detainees of
Tazmamart were concerned, the Ministry of Human Rights
had interviewed each of them and assessed their personal
needs, health and otherwise. Even before the completion
of that evaluation and the adoption of related measures
to compensate those persons, the Government had decided
to grant them a provisional monthly subsidy of DH 5,000,
which corresponded to a monthly salary of a doctor or an
engineer.

In addition, the Government of Morocco, provided the
Working Group with information concerning 15 other cases.
It confirmed that seven persons had died in Tazmamart
during the 1970s and 1980s, and that death certificates
had been remitted to their families in 1994, except in
one case. Another former detainee in Tazmamart was said
to have been released in 1992 and to be living in Rabat.
The Government indicated that in one case, the person had
died, following an illness. Another person who had been
identified was said to have died in the course of
military operations. For five disappeared persons, the
Government provided their current addresses.

The Government of Morocco also submitted its reply
regarding the implementation of the Declaration on the
Protection of All Persons from Enforced Disappearance. It
reported that the Declaration had been widely
disseminated in both Arabic and French, and that Morocco
had embarked on a policy of making human rights an
integral part of education and training.

The Government of Morocco referred inter alia to measures
taken to punish those responsible for human rights
violations. Other issues, such as the notification of
lawyers and families of detained persons, the obligation
for penal institutions to keep registers of detainees and
the right of detained persons to request medical
examinations, were mentioned. However, the Working Group
noted that the act of enforced disappearance as such does
not seem to constitute an offence under the criminal code
of Morocco.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Mozambique.

The one outstanding case reportedly occurred in November
1974 and concerned the President of the Mozambique
Revolutionary Committee, who was said to have been
arrested in 1974 in a hotel in Blantyre, Malawi, and to
have been taken first to Mozambique and then to the
southern part of Tanzania. It was believed that he was
then transferred to Niassa province, Mozambique.

Although several reminders have been sent, no information
has ever been received by the Working Group from the
Government of Mozambique with regard to this case. The
Working Group, therefore, is unable to report on the fate
and whereabouts of the disappeared person.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Nepal.

The majority of the five outstanding cases of
disappearance occurred in 1985. They concerned four men
who reportedly disappeared from police custody in 1985.
In late 1984, a series of nationwide political protests
started in Nepal. In June 1985, following bomb explosions
in Kathmandu and other cities, numerous persons were
reportedly arrested and some of them were allegedly held
in incommunicado detention for several months. The one
other case of reported disappearance pending on the
Working Group's books, occurred in 1993 and concerns a
student who allegedly disappeared in Kathmandu.

Information received

During 1994, the Government replied concerning the case
which reportedly occurred in 1993. The Government stated
that no order of arrest had ever been issued and denied
that the student had ever been detained, but assured the
Working Group that investigations were continuing to
locate his whereabouts.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Nicaragua.

Of the 232 cases reported to the Working Group, 131 have
been clarified. These cases all occurred between 1979 and
1983, in the context of the internal armed conflict which
took place during the decade of the 1980s. Many of the
reports of these disappearances pointed to the
involvement of members of the army, the former Sandinist
police, the former General Directorate for the Security
of the State and the Frontier Guard.

The views of the Government of Nicaragua on the question
of the outstanding cases of disappearance in that country
were provided at a meeting held by a representative of
the Government with the Working Group at its forty-fourth
session. The representative stated that the current
Government of Nicaragua was trying to determine the
whereabouts and circumstances of the disappearance of the
missing persons. In that task, however, the Government
was facing several problems, most of them common to
developing countries, such as the absence of civil
registry offices, mainly in the north-eastern zones of
the country; the absence of personal identity documents
and identity cards; the custom of some indigenous people
of changing their names whenever they moved to another
locality; and the undocumented migration of a large
number of persons. Nineteen per cent of the population
had left the country and a significant percentage were
internally displaced. In addition, most of the
outstanding cases had occurred during the armed conflict,
a time during which many victims had been buried without
identification. In his opinion, the Working Group should
adopt a more realistic approach for the clarification of
the outstanding cases. The requirement of submitting
death certificates or judicial certificates of
presumption of death was considered by the representative
not to be appropriate to the circumstances of the
developing countries.

During 1994, the Working Group transmitted one newly
reported case of disappearance to the Government of
Pakistan, which reportedly occurred in 1994 and was
transmitted under the urgent action procedure. During the
same period, the Working Group clarified this case when
it was reported that the person concerned, a member of an
opposition political party, had returned to his regular
activities.

During 1994, a review of the outstanding cases in
Afghanistan revealed that four cases, in which persons
were reportedly abducted in the territory of Pakistan in
1985 by an Afghan militia commander, had been erroneously
sent to the Government of Afghanistan. In accordance with
the Working Group's methods of work, these cases should
have been transmitted to the Government of Pakistan,
since the persons were last seen in that country. The
four cases have now been sent to the Government of
Pakistan and removed from the statistics of Afghanistan.

The majority of the 21 cases of disappearance reported to
the Working Group are reported to have occurred in 1986
and between 1989 and 1991, and concern persons of Afghan
nationality with refugee status in Pakistan. Most of the
persons concerned are said to be affiliated with the
Harakate Ingilaba Islami Afghanistan Party. The
abductions reportedly took place in Peshwar, North West
Frontier province, by persons belonging to a rival party,
the Hezbe Islami Afghanistan, which was alleged to be
acting with the acquiescence of the Pakistani
authorities.

Information received

On 26 October 1994, the Government of Pakistan sent a
reply to the case sent in 1994 under the urgent action
procedure, in which it stated that the person concerned
had reportedly gone into hiding in the tribal areas of
Pakistan, following a rift within his own party. He had
now returned to resume his normal activities.

No new cases of disappearance were transmitted by the
Working Group to the Government of Paraguay in 1994.

Of the 23 cases transmitted by the Working Group to the
Government of Paraguay, 20 have been clarified. All of
these cases occurred between 1975 and 1977 under the
military Government. It should be noted that the Group
has received no reports of disappearances occurring in
Paraguay since 1977. Several of the disappeared persons
were members of the Communist party, including one who
was Secretary-General of the party. Although
disappearances took place in the capital, Asunción, the
majority of the cases affected the rural population and
were carried out in the districts of San José, Santa
Helena, Piribebuy, Santa Elena and Santa Rosa.

During 1994, no information was received by the Working
Group from the Government of Paraguay concerning the
three outstanding cases. The Working Group, therefore, is
unable to report on the fate and whereabouts of the
persons concerned.

During 1994, the Working Group transmitted 29 newly
reported cases of disappearance to the Government of
Peru, two of which were transmitted under the urgent
action procedure. Three of the cases reportedly occurred
in 1994, 22 in 1993 and 4 in 1992. During the same
period, the Working Group clarified 16 cases. The Working
Group also retransmitted to the Government 13 cases,
updated with new information from the source. The
Government provided information on two other cases, but
it was not considered sufficient to consider the cases
clarified.

The majority of the 2,876 cases of reported
disappearances in Peru occurred between 1983 and 1992 in
the context of the Government's fight against terrorism,
especially Sendero Luminoso (Shining Path). In late 1982,
the armed forces and police undertook a
counter-insurgency campaign and the armed forces were
granted a great deal of latitude in fighting Sendero
Luminoso and in restoring public order. While the
majority of reported disappearances took place in areas
of the country which had been under a state of emergency
and were under military control, in particular in the
regions of Ayacucho, Huancavélica, San Martín and
Apurímac, disappearances also took place in other parts
of Peru. Detentions were reportedly frequently carried
out openly by uniformed members of the armed forces,
sometimes together with the Civil Defence Groups.

Out of concern for the situation of disappearances in
Peru, two members of the Working Group, at the invitation
of the Government of Peru, visited that country from 17
to 22 June 1985 and again from 3 to 10 October 1986, on
the Group's behalf. Their reports are contained in
documents E/CN.4/1986/18/Add.1 and E/CN.4/1987/Add.1.

The newly reported cases are said to have occurred in the
departments of Amazonas, Callao, Junin, Ancash/Santa and,
the majority, 25 cases, in Ucayali, most of these in
1993. The forces alleged to be responsible for the
disappearances included the army, civil defence forces,
the national police, and in Ucayali, the "Marina de
Guerra". The victims included 21 peasants, a
professor, a student, a teacher, a 36-year-old man whose
profession was not stated, a carpenter, a housewife and
two tradesmen.

Information received

During the course of 1994, information of a general
nature regarding the human rights situation in Peru was
received. Several reports from non-governmental
organizations referred to the decrease in the number of
disappearances reported to have occurred in 1993, and
stated that in part that was due to the fact that
organizations had, at the end of 1993, not yet received
information on disappearances having occurred in the
interior of the country. They reported that while the
number of disappearances had decreased in urban zones,
that was not the case in areas such as Huanuco, Pasco and
Junin. In particular, mention was made of some 76 cases
of disappearance in Huanuco said to have been denounced
to the "Fiscal provincial" in 1993. The Working
Group is awaiting details on these cases.

Several non-governmental organizations expressed serious
concern that the case against the military officers and a
government official accused of having been involved in
the disappearance and subsequent killing of nine students
and a professor from La Cantuta University in July 1992,
and the subsequent cover-up of the killings, had been
tried by a military tribunal, in secret, and not by a
civilian court.

The trial of the nine officers implicated in the killings
opened on 12 February 1994 and a verdict was issued on 21
February, handing down sentences of between 1 and 20
years. While the sentencing of the material authors was
seen by the organizations as positive, concern was
expressed that the judge had exonerated the higher-ups
who had actually given the orders, contending that the
six men convicted of the killings had operated on their
own.

Serious concern was expressed about the impunity enjoyed
by members of the security forces in Peru. A major
contributing factor to the impunity of those responsible
for disappearances is said to have been the delay in
establishing a central registry of detentions in Peru.
Although the registry was finally inaugurated in 1994, as
of mid-1994, only information from Lima is said to have
been included.

Habeas corpus was said to be completely ineffective for
persons accused of terrorism or treason, as well as those
whose arrest was not acknowledged.

During its forty-second session, the Working Group met
with the Permanent Representative of Peru to the United
Nations, Ambassador Fernando Guillen. The Ambassador
stressed the willingness of the Government of Peru to
cooperate fully with the Working Group, and its
commitment to clarify the outstanding cases. He also
referred to the problem of terrorism in his country.

During the course of 1994, the Government of Peru
provided a number of replies on individual cases and
information of a more general nature to the Working
Group. With respect to individual cases, the Government
reported that in one case the subject had been released,
in two cases the subject had been killed, in three other
cases the person concerned had not been arrested or
detained and that in another case, according to
investigations carried out so far, the person's
whereabouts still had not been determined, but he was
believed to be a terrorist and living clandestinely.

The Government of Peru informed the Working Group about
recent changes in Peru's anti-terrorist legislation. It
said, inter alia, that it was now possible for persons
detained on charges of treason, to have recourse to the
Consejo Superior de Justicia Militar, while still
maintaining their right to recourse before the Consejo
Supremo de Justicia Militar. This was in order to provide
such persons with further safeguards, and reduce the
possibility of judicial errors which could lead to the
condemnation of innocent persons. For persons detained on
charges of treason, the procedure of habeas corpus had
been reestablished and they could also now freely choose
their lawyer.

The Government of Peru also provided statistics on
violations of human rights alleged to have occurred in
Peru in 1994. It informed the Group that from 1 January
to 23 June 1994, there had been eight cases of alleged
disappearances, two of which had been resolved, six cases
of alleged extrajudicial executions, one of which was the
subject of criminal proceedings before the ordinary
courts, and eight cases of alleged torture or
ill-treatment. These cases concerned all the complaints
of alleged violations of human rights made in accordance
with national legislation, and in respect of which the
appropriate proceedings or investigations had been
initiated. The Government noted that these statistics
illustrated the positive and consistent downward trend in
the number of complaints. It stated that while the
process of general national pacification initiated by the
Government was not problem-free, the results were clear.

Observations

The Working Group welcomes the decrease in the number of
disappearances in recent years, and the cooperation of
the Government of Peru with the Group.

While the Working Group understands the difficulties
involved in combating terrorism, it continues to be
concerned at the high number of cases of disappearances
which remain unclarified. In this connection, it wishes
to remind the Government of its responsibility under the
Declaration on the Protection of All Persons from
Enforced Disappearances to investigate all cases of
reported disappearances and to bring the perpetrators to
justice.

During 1994, the Working Group transmitted to the
Government of the Philippines five newly reported cases
of disappearance all of which occurred in 1994 and were
sent under the urgent action procedure. During the same
period, the Working Group clarified five cases.

The majority of the 647 reported cases of disappearance
occurred in the early 1980s, virtually throughout the
country, and took place within the context of the
Government's anti-insurgency campaign.

During the period 1975-1980, the persons who disappeared
were reportedly farmers, students, social workers,
members of church groups, lawyers, journalists and
economists, among others. The arrests were carried out by
armed men belonging to an identified military
organization or to a police unit such as the Philippine
Constabulary, the Central Intelligence Unit, the military
police, the Integrated National Police, and other
organizations. In the following years, the reported cases
of disappearance concerned young men living in rural and
urban areas, described as members of legally constituted
student, labour, religious, political or human rights
organizations, which the military authorities have
claimed are a front for the outlawed Communist Party of
the Philippines (CPP) and its armed wing, the New
People's Army (NPA). Among the groups most commonly
targeted were said to be KADENA (Youth for Democracy and
Nationalism) and the National Federation of Sugar
Workers.

Despite the peace talks initiated by the Government with
several opposition movements, disappearances have
continued in the 1990s, mainly in the context of
violations committed by NPA, the Moro National Liberation
Front, the Mindanao Islamic Liberation Front, the Citizen
Armed Forces Geographical Units and the Civilian
Volunteer Organizations.

Out of concern for the situation of disappearances in the
Philippines, and at the invitation of the Government, two
members of the Working Group visited the country from 27
August to 7 September 1990. A full report on their visit
is contained in document E/CN.4/1991/20/Add.1.

The more recently reported cases of disappearance
allegedly concerned a woman who was abducted by
plainclothed men in a vehicle and taken away to an
unknown destination. Another case concerned a staff
member of a Filipino human rights organization, who was
reportedly arrested without a warrant while on his way to
the office by plain clothed members of an intelligence
unit of the armed forces and later transferred to and
held incommunicado in a military camp north of Manila.
Three cases of disappearance concerned a woman and two
men, suspected of being members of the NPA, who were
allegedly arrested at night by members of the police and
officers from the Military Intelligence Group (MIG) of
the army and taken to and detained in a MIG camp.

Information received

During the period under review, information was received
from several non-governmental organizations. One of them
expressed concern about the limited results reportedly
achieved by the Philippines Commission on Human Rights
(PCHR), created under the Government of President Aquino.
No action is said to have been taken to prosecute the
perpetrators of disappearances, once identified by
witnesses. The Filipino people and human rights
organizations are said to have no confidence in the
action taken by PCHR. With regard to compensation and
rehabilitation, it was reported that in 1993 the Filipino
Congress allocated the sum of four million pesos to the
Search and Welfare Programme of Families of Victims of
Involuntary Disappearances (FIND), a non-governmental
human rights organization. So far, however, only some 20
families of missing persons are said to have benefited
from this programme. Reportedly, as of January 1994, PCHR
retains the bulk of the budget allocation, despite the
applications and documentation forwarded by the families.
In addition, hardly any prosecution or conviction of the
perpetrators of enforced or involuntary disappearances is
said to have taken place in 1994, and only in a handful
of cases of human rights violations are the courts said
to have intervened. No judicial or legal reforms are said
to be in sight.

During 1994, the Government of the Philippines provided
the Working Group with information concerning eight
cases. According to the Government, two persons have
returned home in good physical condition, following their
arrest. With regard to another case, the Government
notified the Working Group that the disappeared person
had been released and entrusted to the custody of a
non-governmental organization taking care of disappeared
persons and their families. The Government also stated
that one person had been released following a court
order. In relation to the case of a journalist, the
Government informed the Working Group that it had been
consigned to the archives by PCHR on the grounds that the
perpetrators of the disappearance could not be
ascertained. Finally, for three other persons, the
Government informed the Working Group of their place of
detention.

The Government of the Philippines provided information on
the work of PCHR and informed the Working Group that it
had signed a memorandum of agreement with FIND,
concerning financial assistance and rehabilitation
services for the families of the disappeared.

The Government also reported that for the fiscal year
1994 it had allocated 5 million pesos for assistance to
victims of involuntary disappearances and members of
their families.

The Government of the Philippines also submitted its
reply regarding the implementation of the Declaration on
the Protection of All Persons from Enforced Disappearance
and reported that it had been made available to the
legislative, judicial and administrative authorities of
the Philippines with a view to curbing the incidence of
disappearances. The Government also adopted legislative,
administrative and judicial measures to prevent
disappearances and to prosecute those responsible for
such cases.

The revised Penal Code provides for penalties in cases of
delay in the delivery of detained persons varying from
several hours to 30 days, which, however, do not apply to
crimes against national security, including economic
sabotage and arson, or offences against public order.
Incommunicado detention is expressly prohibited by the
1987 Constitution, which further states that no torture,
force, violence, threat, intimidation or any other means
which violate free will shall be used against any person
under investigation for the commission of an offence.
Secret detention places and solitary, incommunicado, or
other similar forms of detention are prohibited.

As far as habeas corpus proceedings are concerned, they
are extended under the Supreme Court rules to all cases
of illegal confinement or detention. Concerning the
question of release from detention, PCHR, the Department
of National Defense, the Department of the Interior and
Local Governments and the Department of Justice signed a
memorandum of agreement on 18 June 1991 regarding
procedures to be used for the release from custody of
detainees or accused persons.

In the aftermath of President Habyarimana's death in a
plane crash on 6 April 1994, Rwanda has been torn by an
unprecedented human tragedy. Hundreds of thousands of
civilians, including large numbers of women and children,
have been killed or have disappeared, and hundreds of
thousands are displaced within the country or have found
refuge in other countries.

Because of the chaotic situation in the country during
1994, the Working Group was not seized with any new cases
of disappearance, although it believes that there must be
many of them.

The human rights field officers deployed by the High
Commissioner for Human Rights in support of the Special
Rapporteur and the Commission of Experts established
pursuant to Security Council resolution 935 (1994) have
been instructed to receive pertinent information about
disappearances and channel such reports to the Working
Group. The dimension of the Rwandan tragedy, and the fact
that the number of persons who have perished or were
forced to leave their places of residence constitute
about half of the entire population, will make it
difficult to distinguish between those who have been
victims of massacres and those who have disappeared.
Systematic investigations into the fate of disappeared
persons will, for the same reasons, be very problematic.
The Working Group will nevertheless attempt to examine
every individual case in accordance with its methods of
work and will request the new Rwandan Government to
conduct the necessary investigations.

Five of the eight reported cases of disappearance
occurred in 1990 and 1991 in the north of the country, in
the context of the ethnic conflict between Tutsis and
Hutus. In 1993, three cases took place in northern Rwanda
and concerned students from the Seventh Day Adventist
University in Mudende, suspected of supporting the
Rwandese Popular Front.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Saudi Arabia.

The one outstanding case concerns a Saudi Arabian
businessman who was allegedly arrested in Amman, Jordan
in 1991 by Jordanian security forces, and was later
allegedly handed over to the Saudi Arabian authorities.
He is believed to be currently held at a secret location
in Riyadh.

Despite a retransmittal of the case in 1994, at the
Government's request, no information has yet been
received by the Working Group from the Government of
Saudi Arabia which would allow it to report on the fate
and whereabouts of the disappeared person.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Seychelles.

The three reported cases of disappearance allegedly
occurred on the main island of Mahé in the years 1977
and 1984. All three persons were abducted shortly after
they left their homes by persons believed to belong to
the security forces. At least two of the persons were
reportedly known opponents of the Government.

During 1994, no new information was received from the
Government with regard to these cases. The Working Group
is, therefore, still unable to report on the fate or
whereabouts of the missing persons.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
South Africa. During this period, the Working Group
clarified one case which occurred in late 1993 and
concerned a young woman, reportedly a member of the
African National Congress, who was found dead two weeks
after her reported disappearance.

The majority of the 11 cases of disappearance reported to
the Working Group occurred between 1976 and 1982 in
Namibia. Since, at that time, Namibia was under South
African jurisdiction, and the responsibility for the
disappearance was imputed to agents of that country, in
accordance with the Working Group's methods of work, the
cases are retained on the South Africa country file.

During 1994, the Government of South Africa submitted
information to the Working Group on the death of the
woman who had disappeared in 1993. The case had, however,
already been clarified by the Working Group on the basis
of information submitted earlier by the source.

During 1994, the Working Group transmitted six newly
reported cases of disappearance to the Government of Sri
Lanka, under the urgent action procedure. The cases
reportedly occurred in 1993. The Working Group also
transmitted to the Government 942 cases, which were the
remainder of its backlog, and reportedly occurred between
1987 and 1990. During 1994 also, the Working Group
clarified five cases and retransmitted to the Government
of Sri Lanka three cases, updated with new information
from the source.

Since the establishment of the Working Group in 1980,
11,441 cases of disappearance alleged to have occurred in
Sri Lanka have been reported to the Working Group. The
cases occurred within the context of two major sources of
conflict in that country: the confrontation of Tamil
separatist militants and government forces in the north
and north-east of the country and, secondly, the
confrontation between the People's Liberation Front (JVP)
and government forces in the south. Cases reported to
have occurred between 1987 and 1990 took place mostly in
the Southern and Central Provinces of the country, during
a period in which both security forces and JVP resorted
to the use of extreme violence in the contest for state
power. In July 1989, the conflict in the south took a
particularly violent turn when JVP adopted even more
radical tactics, including enforced work stoppages,
intimidation and assassination, as well as targeting the
family members of the police and army. To thwart the JVP
military offensive, the State launched a generalized
counter-insurgency campaign and the armed forces and the
police appear to have been given wide latitude of action
to eliminate the rebel movement and restore law and order
in any way they saw fit. By the end of 1989, the armed
forces had put down the revolt, having succeeded in
capturing and executing the nucleus of the JVP
leadership.

Cases reported to have occurred since 11 June 1990, the
date of resumption of hostilities with the Liberation
Tigers of Tamil Ealam (LTTE), have taken place primarily
in the Eastern and North-Eastern Provinces of the
country. In the north-east, the persons most often
reported detained and missing were young Tamil men
accused or suspected of belonging to, collaborating with,
aiding or sympathizing with LTTE. Tamil persons
internally displaced owing to the conflict and staying in
informal shelters such as church or school centres were
the group particularly at risk of detention and
disappearance. The most frequently utilized method of
detention in the north-east was the cordon and search
operation in which the army, often in conjunction with
the police, and particularly the Special Task Force, went
into a village or a rural area and detained scores of
persons. Many were released within 24 to 48 hours, but a
percentage of the persons remained in custody for
questioning.

Out of concern at the situation of disappearances in Sri
Lanka, and at the invitation of the Sri Lanka Government,
the Working Group undertook two missions to that country
from 7 to 18 October 199l and from 5 to 15 October 1992.
Members of the missions met with government officials,
non-governmental organizations, relatives and friends of
the disappeared persons. The reports of the Working Group
are contained in documents E/CN.4/1992/18/Add.1 and
E/CN.4/1993/25/Add.1.

The newly reported cases concern the disappearance of
five Tamil farmers from the Batticaloa district,
following their reported arrest by members of the army
from the Mullivedduvan camp. The sixth case concerned a
20-year-old student who was allegedly arrested by members
of the army in Colombo.

Information received

During the present reporting period, information was
received from a number of non-governmental organizations.
According to this information, on 3 January l994, three
mass graves were discovered in southern Sri Lanka about
160 km. from Colombo, by a team of opposition
politicians. It is reportedly estimated that the graves
are 40 feet deep and contain 300 bodies, most of which
are believed to be those of the members of the
"People's Liberation Front" who were allegedly
killed in 1989 in a government counter-insurgency
operation. It was alleged that the Chief Minister of the
Western Province, lawyers and other persons involved in
the investigation, have been subjected to threats.

It was further reported that a number of complainants,
lawyers and witnesses involved in inquiries about human
rights violations allegedly perpetrated by the security
forces have been subjected to threats.

According to the information received, the mandate of the
Presidential Commission of Inquiry into Involuntary
Removals was extended for another two-year period, with a
view to speeding up the investigations into cases of
disappearance. The Commission was initially established
on 11 January 199l to inquire into allegations concerning
persons whose whereabouts were unknown, with only those
cases which occurred after 11 January l991 falling within
its mandate. It is said, however, that to date no report
on the Commission's findings has yet been published.

In 1991, subsequent to the international community's
reaction to the human rights violations and impunity in
Sri Lanka, the Government established, in June of that
year, the Independent Commission of Inquiry, initially
constituted to inquire into alleged military abuses and
killings committed in Kokkadichcholai in the east of the
country. Reportedly, military suspects were neither
required to give evidence nor were they cross-examined
and, consequently, the perpetrators were never convicted
or punished. This is said to be an example of the
Government setting up an investigative structure of which
the outcome has been to no avail.

It was further alleged that the unit established by the
Government for examining cases of disappearance
transmitted by the Working Group will only study cases
having occurred between 1983 and 1991.

Even though, according to non-governmental organzations,
disappearances have reportedly decreased considerably
during the past three years, there are still people who
were arrested by the army or government security forces
and whose whereabouts remain unknown.

Serious concern was expressed by several non-governmental
organizatons about the failure of the Sri Lanka
authorities to undertake thorough investigations into the
cases of disappearance and to prosecute those
responsible. Reportedly, the majority of cases of
disappearance have never been investigated and a climate
of impunity is said to prevail among members of the
security forces in Sri Lanka.

During the reporting period, the Government of Sri Lanka
communicated to the Working Group replies on 128
individual cases of disappearance, as well as information
of a more general nature. With regard to individual
cases, the Government reported that in one case the
person was detained at the headquarters of the Criminal
Investigation Department in Colombo Fort, where he was
being held under a detention order for suspected
terrorist activities. The Government confirmed that the
person concerned was in safe physical condition. With
respect to nine other cases, the Government reported that
the operational headquarters of the Ministry of Defence
had denied that the persons concerned had been arrested;
with regard to two other cases, the Department of the
Police had denied that the subjects had been arrested.
The Government of Sri Lanka also addressed a
communication to the Working Group in order to clarify
the name of one person reported as missing. In addition,
the Government reported that in one case the person had
been murdered and that in another case the person was, in
April 1991, in police custody and that the release of a
third person had been requested in December 1991. The
Working Group requested the Government to provide a death
certificate in respect of the murder, and to report on
the current situation of the two other persons.
Forty-three cases were reported to be under investigation
by the Presidential Commission of Inquiry into the
Involuntary Removal of Persons. The Presidential
Commission considered five cases unsubstantiated. In the
majority of the replies, the Government stated that no
previous petition concerning the person's disappearance
had been filed.

The Government, furthermore, submitted the Annual Report
of the Human Rights Task Force for the period from 10
August 1993 to 10 August 1994, which concerned the
Organization's activities during this period. It reported
on investigations undertaken in cases of arrest, torture
and other violations which had been reported to it.

Observations

The Working Group remains concerned at the large number
of past cases in Sri Lanka which have not yet been
clarified, as well as at the fact that disappearances
continue. Furthermore, according to information received,
officials in charge of the investigation of mass graves
discovered in various parts of the country have been
subjected to threats, as have the relatives and lawyers
of disappeared persons. This results in a situation in
which investigations will become difficult or, worse
still, impossible.

However, the Working Group appreciates the cooperation of
the Government in, inter alia, having invited the Group
on two occasions to visit the country. It wishes to
remind the Government of its responsibility under the
Declaration to investigate fully all cases of alleged
disappearance and to bring the perpetrators to justice.
Therefore, the Working Group would welcome information on
the actual results of the work of the Presidential
Commission of Inquiry into Involuntary Removals.

During 1994, no new cases of disappearance were reported
to the Working Group, notwithstanding the ongoing civil
war in southern Sudan.

The six reported cases of disappearance submitted to the
Working Group have occurred during the period since the
current Government came to power in 1989, and have
primarily involved former government officials. All but
one of the cases reportedly took place in Khartoum.

Information received

During 1994, the Working Group received information of a
general nature concerning the Sudan, in which it was
reported that disappearances continue to occur in the
Sudan in the Nuba Mountains. The Government is said to
have continued its counter-insurgency campaign and forced
relocation of villagers. The elimination of the Nuba
leadership through incommunicado detention and
disappearance allegedly continues. It is further reported
that children are forcibly separated from their families
and taken to camps in the north where they receive
military training.

According to the information received, in southern Sudan,
the ongoing civil war has created a situation in which
disappearances are all too common. The Sudanese People's
Liberation Army (SPLA) is reportedly committing serious
crimes, including the detention and summary execution of
civilians and combatants. As in the Nuba Mountains, the
conscription of minors is said to be a serious problem,
with reports of boys as young as eight being separated
from their families and placed in camps where they
receive military training.

There are also numerous allegations that the Government
continues to operate "ghosthouses" (i.e.
detention centres) in the north. Arrest without warrant
and incommunicado detention of opposition leaders, trade
unionists and journalists are said to be widespread.

In a letter dated 28 September 1994, the Government
refuted the above allegations, stating that they were
baseless and were provided by sources hostile to the
Government.

The Government of Sudan also replied with regard to one
case, stating that the individual concerned had joined
SPLA, the rebel forces in southern Sudan. The Working
Group considered that in accordance with its methods of
work the information provided by the Government was
insufficient to clarify the cases.

The Working Group received information from the
Government of Sudan on the implementation of the
Declaration on the Protection of All Persons from
Enforced Disappearance. The reply provides information on
provisions of the Criminal Code of 1991 and the Code of
Criminal Procedure governing cases of enforced or
involuntary disappearance. Although the act of
disappearance as such does not seem to be an explicit
offence under the Sudanese Criminal Code, there are
provisions relating to detention and legal measures taken
in cases of unlawful detention.

During 1994, the Working Group transmitted to the
Government of the Syrian Arab Republic, 17 newly reported
cases of disappearance, none of which was reported to
have occurred in 1994. During the same period, the
Working Group clarified 11 cases in which it was reported
that the persons had been released.

Of the total 32 cases of disappearance reported to the
Working Group, a substantial number allegedly occurred in
the early to mid-1980s, mostly in Damascus. Seventeen of
these cases have been clarified.

Of the 17 newly reported cases, 11 were said to concern
relatives and friends of General Salah Jadid, a former
senior official of the Bath party who died in custody on
19 August 1993. The missing persons were reportedly
arrested by military security forces between 23 and 29
August 1993. These cases were clarified during 1994, on
the basis of information submitted by the source in which
it was reported that the persons concerned had been
released. Of the six other cases, four reportedly
occurred in 1983 and two in 1980. Two of the persons
concerned were allegedly military men. The arrests
reportedly took place in Dar'a, Palmyra and Al-Qariatain.

During the period under review, the Government of Syria
sent a number of replies on specific cases, including the
11 cases concerning the friends and relatives of General
Jadid, in which it reported that they were not detained
and were living in their place of residence. In two other
cases, the Government reported that the persons concerned
had been sentenced to death, in one case the person was
sentenced to life imprisonment and was in detention, in
one other case the person died in detention, two other
persons had gone to Lebanon, and two other cases were not
known to the Syrian Government.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Tajikistan. The Group considered clarified one case which
concerned an architect of ethnic Pamiri background, who
was allegedly abducted in December 1992 by the Peoples
Front, reportedly a paramilitary group, and whose corpse
was found in January 1994 in Dushanbe.

All of the six cases of disappearance reported to the
Working Group were alleged to have occurred between late
1992 and July 1993 in the context of the escalating civil
war when pro-government forces took over the capital of
Dushanbe.

Although a reminder was sent, no information has been
received by the Working Group from the Government of
Tajikistan. The Working Group, therefore, is unable to
report on the fate and whereabouts of the disappeared
persons.

During 1994, no new cases of disappearances were
transmitted by the Working Group to the Government of
Thailand.

The outstanding cases involve two refugees from Myanmar
who were allegedly arrested by the authorities on 22 May
1992 in the city of Ranong on suspicion of being illegal
immigrants. Although the relatives were informed by the
authorities that they would be able to see the subjects
in court on 25 May 1992, neither appeared in court on
that date.

Information received

The Government of Thailand requested the Working Group to
provide it with additional information on these cases.
The Working Group duly contacted the source, who
responded that it was not possible to provide additional
information on these two cases. The Working Group
requested the Government to provide it with the names of
the citizens of Myanmar detained on 22 May 1992 at the
Ranong police station and any further information which
the Government might be able to provide regarding the
detention of citizens of Myanmar in Ranong on that date.

During 1994, the Working Group transmitted 10 newly
reported cases of disappearance to the Government of
Togo, eight of which occurred in 1994 and were sent under
the urgent action procedure.

Six cases concerned persons who were reportedly detained
by members of the armed forces at Adetikope as they were
on their way to Lomé to visit two relatives of the
Secretary General of the Togolese Drivers' Trade Union,
who had reportedly been injured in a car accident.
Another case concerned a civil servant who was reportedly
the adviser to the President of the High Council of the
Republic between 1991 and 1993 and who is said to have
been abducted from his car in the Lomé suburb of
Aguényivé and taken to an unknown destination by three
men in a minibus, followed by a military vehicle.

The other cases concerned a man arrested by the police
and taken to the Central Commissariat in Lomé from where
he disappeared a few days later, a farmer abducted at his
home by armed men and taken away to an unknown
destination and a businessman abducted from his home by
five men in military fatigues.

Information received

According to information received from non-governmental
organizations, disappearances in Togo should be seen in
relation to the further deterioration of the human rights
situation in the country. Since the beginning of the
year, uncontrolled violence has reportedly prevailed,
punctuated by acts of vandalism and robbery, rape and
other forms of physical assault, including murder. Most
of the time, these acts are said to be perpetrated by
unidentified armed men or members of the Togolese armed
forces.

The impunity enjoyed by the armed forces in Togo is said
to continue. Mainly composed of men from regions located
in the north of Togo and, in particular, from the native
area of President Eyadéma, the Togolese armed forces are
reportedly placed under his direct control or that of his
relatives. They are said to be increasingly involved in
the repression of non-violent manifestations by various
sectors of society, and to focus on the protection and
defence of the President and his political system.

During the period under review, no information has been
received by the Working Group from the Government of Togo
with regard to the above cases. The Working Group,
therefore, is unable to report on the fate and
whereabouts of the disappeared persons.

During 1994, the Working Group transmitted 72 newly
reported cases of disappearance to the Government of
Turkey, of which 55 were reported to have occurred in
1994. Seventeen of the cases were alleged to have taken
place at the end of 1993. All except 14 of the newly
reported cases were transmitted under the urgent action
procedure. During the same period, the Working Group
clarified 33 cases and retransmitted to the Government 12
cases, updated with new information from the source.

Of the total number of 116 reported cases of
disappearance transmitted to the Government by the
Working Group since 1990, the highest number of cases,
almost half, occurred in 1994; this may be compared with
the 14 cases transmitted last year and the 26 transmitted
in 1992. Most of the cases of disappearance occurred in
the south-eastern regions of Turkey, reportedly in the
context of clashes between the Kurdish Workers' Party
(PKK) guerrilla movement and government security forces.
These persons, reportedly of Kurdish ethnic origin, were
arrested by security forces on charges of belonging to
the PKK organization. Some of the disappearances
allegedly occurred during raids conducted by gendarmes
accompanied, at times, by village guards, a civil defence
corps reportedly armed and paid by the Government to
fight the PKK guerrillas. In some cases, the persons were
members of political opposition parties or journalists of
newspapers opposed to the Government.

The majority of the cases of disappearance reported in
1994 are alleged to have occurred in the south-eastern
provinces of Turkey, especially in rural zones, and to
have followed a very similar pattern. Individuals are
generally arrested by security forces from the
gendarmerie and taken to the police station. When the
person's family members inquire as to the whereabouts of
the missing person, the police and the gendarmerie
reportedly deny that the person is being held. In some of
the reported cases there have also been allegations of
ill-treatment and torture, including of women, children
and the elderly. In one case, a 70-year-old man and his
13-year-old daughter were reportedly arrested at their
home by plainclothes police officers. The man, who was
later released together with his daughter, had allegedly
been severely tortured. In another case, five members of
one family, including children, were arrested by
policemen attached to the anti-terrorist branch during a
raid on the family's home. During the incident, their
11-year-old son was killed. This case was subsequently
transmitted to the Special Rapporteur on extrajudicial,
summary or arbitrary executions. The five members of the
family were later reported by the Government to have been
released. In another case, a person was arrested by the
Lice gendarmerie while travelling from Diyarbakir to
Yildiz. Although his mother reportedly saw him in the
gendarmerie yard and received a message from her son
through a fellow detainee, the Lice gendarmerie has
allegedly denied holding him.

Information received

In addition to the individual cases of disappearance, the
Working Group also received information of a general
nature from several non-governmental organizations,
according to which human rights activists monitoring the
human rights situation in Turkey are being harassed,
detained, tortured, imprisoned and threatened and have
disappeared.

It is also reported that a state of emergency is in force
in the south-eastern provinces of Turkey and that in
those regions the police and gendarmerie have the right
to detain persons suspected of political offences in
incommunicado detention for up to one month. Such
persons, who are to be tried in State security courts,
may reportedly be held without charge for a period of 15
days, which can allegedly be extended to 30 days in
provinces under emergency legislation, such as
Diyarbakir.

In addition, it is alleged that the detainees are denied
access to their lawyer, family, friends or doctor.
Reportedly, procedures laid down in the Turkish Criminal
Procedure Code for the prompt and proper registration of
detainees and for notification of their families are
disregarded in the south-eastern provinces of Turkey.
Furthermore, the lack of proper registration and
notification is said to facilitate the disappearance of
detainees.

It is also alleged that military operations against
villages in this region, which reportedly intensified in
early 1994, have led to many allegations of
disappearance.

During 1994, the Government of Turkey provided the
Working Group with information concerning 38 cases.
According to the Government, 28 persons had been
released. With regard to six other cases, the Government
denied the arrest of the persons concerned. In one other
case, the Government notified the Working Group that the
disappeared person had been brought before the court,
accused of membership and participation in the PKK
organization. With respect to two other cases, the
Government recognized the persons' detention. In one
other case, which reportedly concerned a member of the
PKK organization, the Government informed the Working
Group that the subject had escaped while being taken to
the site where he had alleged the PKK kept their weapons.

Observations

The highest number of alleged cases of disappearance
reported to have occurred in 1994 was in Turkey. The
Working Group expresses particular concern at this
considerable increase in 1994.

While the Group welcomes the cooperation of the
Government with regard to investigating cases, it wishes,
nevertheless, to remind it of its responsibility under
the Declaration to take effective legislative,
administrative, judicial or other measures to prevent and
terminate disappearances. In particular, all acts of
enforced disappearance should be made offences under
criminal law, punishable by appropriate penalties, and
efficient steps should be taken to bring perpetrators to
justice. In addition, the Government should respect and
ensure all guarantees for the protection of the personal
liberty and integrity of detainees.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Uganda.

All of the 20 reported cases of disappearance occurred
between 1981 and 1985, i.e. before the present Government
took office. The reported arrests or abductions occurred
throughout the country and in one case the person was
allegedly abducted while in exile in Kenya and taken to
Kampala. One case concerned the 18-year-old daughter of
an opposition member of the Ugandan Parliament. The
arrests are said to have been made by either policemen,
soldiers or officials of the National Security Agency.

Information received

During 1994, the Government of Uganda requested an
explanation concerning nine cases on which it had
previously provided information. The Working Group
communicated to it that the information provided had been
considered insufficient to clarify the cases in question.
No further information was received with regard to the
outstanding cases. The Working Group, therefore, is
unable to report on the fate and whereabouts of the
disappeared persons.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Uruguay.

The majority of the 39 cases of disappearance reported to
the Working Group occurred between the years 1975 and
1978 under the military Government, in the context of its
fight against alleged subversion. It should be noted that
the Working Group has received no reports of
disappearance in Uruguay after 1982.

During 1994, no new information was received from the
Government of Uruguay with regard to the outstanding
cases. The Working Group, therefore, is unable to report
on the fate and whereabouts of the disappeared persons.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Uzbekistan.

The one outstanding case of disappearance concerns the
leader of the Islamic Renaissance Party, reportedly an
unregistered political party, who was allegedly arrested
in 1992 by men believed to be government agents.

Uzbekistan declared its independence on 31 August 1991
and in December 1992 adopted its first democratic
Constitution. However, since mid-1992, opponents of the
Government have reportedly been detained or prosecuted.

Information received

During the period under review, the Government of
Uzbekistan replied to the Working Group's letter dated 10
August 1993 concerning the question of impunity. It
stated that the introduction of the habeas corpus
procedure in Part Two of the 1992 Constitution had made
it possible to prevent the recurrence of illegal
detention. With respect to a speedy and easily accessible
procedure for application to the courts in cases of death
or disappearance, the Government stated that in
Uzbekistan a preliminary investigation to establish all
the circumstances of the cases must be carried out before
a court hearing could be held. The Government further
stated that, under Uzbekistan's current legislation, all
cases in which the defendants were members of the armed
forces were heard by the military courts. "It is not
felt that any exception should be made for such
categories as disappearances".

In 1994, no new information was received from the
Government of Uzbekistan with regard to the one
outstanding case. The Working Group, therefore, is unable
to report on the fate and whereabouts of the disappeared
person.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Venezuela. During this period, the Working Group
clarified one case, in which the person was reportedly
found alive.

Of the eight cases reported to the Working Group, half of
them have been clarified. Three of the four outstanding
cases occurred in December 1991 and concern student
leaders who had reportedly been intercepted by security
forces during a commercial fishing expedition. The fourth
case concerned a businessman arrested in February 1991 in
Valencia City, Carabobo, by the police.

In 1994, no new information was received from the
Government with regard to these cases. The Working Group,
therefore, is unable to report on the fate and
whereabouts of the disappeared persons.

During 1994, the Working Group transmitted, for the first
time, 98 cases of disappearance to the Government of
Yemen, one of them under the urgent action procedure.

Seventy-three of the cases reportedly occurred between
January and April 1986 in the context of the fighting
which took place during this time between supporters of
President Ali Nasser Muhammad and his opponents. The
President subsequently fled the country and his opponents
took power. In the aftermath of the fighting, several
suspected supporters of the former President were
reportedly arrested and subsequently disappeared. The
persons concerned are said to have been arrested either
during the fighting on 13 January 1986 or in the period
thereafter, between January and April 1986. The majority
of the victims were members of the air force, the army or
the security forces, but there were also several
civilians. Most of them were members of the Yemen
Socialist Party. The forces said to be responsible for
their arrest include the State security forces, the air
force and the people's militia.

The one case transmitted under the urgent action
procedure reportedly occurred in August 1994 in Ta'iz and
concerned the President of the Engineers' Union who was
also said to be a member of the Central Committee of the
Yemen Socialist Party.

To date, no response has been received from the
Government of Yemen with respect to these cases. The
Working Group, therefore, is unable to report on the fate
and whereabouts of the disappeared persons.

During 1994, the Working Group transmitted to the
Government of Zaire four newly reported cases of
disappearance, which occurred in March of this year.

The majority of the 23 reported cases of disappearance
occurred between 1975 and 1985 and concerned persons
suspected of being members of a guerrilla group known as
the "Parti de la révolution populaire" or of
being political activists. A more recent case occurred in
1993, when a journalist was allegedly abducted from his
home by members of the "Division spéciale
présidentielle" and the civil guard, and
interrogated on the premises of the State radio station,
"Voix du Zaïre". His whereabouts remain
unknown.

The newly reported cases of disappearance concern four
men allegedly arrested at night in Likasi by soldiers and
detained for almost two months before being transferred
to Kinshasa. Since then their whereabouts have remained
unknown.

Information received

During the period under review, information was received
from non-governmental organizations alleging the serious
deterioration of the human rights situation in Zaire.

They reported that the phenomenon of disappearances
cannot be isolated from other human rights violations
which have occurred in the context of the political,
economic and social collapse of the country. Despite the
country's attempt at democratization in 1990, with the
convening of a national conference and the recognition of
some political parties, as well as the renewed commitment
expressed by the new Government appointed on 11 July 1994
to bring an end to the state of insecurity prevailing in
the country, human rights violations have persisted.

Disappearances, the arbitrary arrest of local political
leaders who allegedly criticized the monetary reform
introduced by the Zairian Government at the end of 1993,
especially in the North and South Kivu regions, attacks
against opponents of President Mobutu, and even summary
executions perpetrated against church leaders and other
civilians, have reportedly continued.

At the time of the adoption of the present report, no
information had been received by the Working Group from
the Government of Zaire with regard to the above cases.
The Group is, therefore, unable to report on the fate or
whereabouts of the missing persons.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Zimbabwe.

The one outstanding case occurred in 1985 in the context
of the armed conflict between government forces and
political opponents in Matabeleland. It concerned a
member of the Zapu political party who was reportedly
arrested by four men (two of them in police uniform)
while attending a church service and taken away in a
police vehicle.

431. During 1994, no information was received from the
Government with respect to this case. The Working Group
is, therefore, still unable to report on the fate or
whereabouts of the disappeared person.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Bulgaria. During this period, the Working Group clarified
the three outstanding cases, which had reportedly
occurred in 1988. The cases were submitted by relatives
of the victims and concerned persons of ethnic Turkish
origin who allegedly refused to change their names to
"become Bulgarian". On 25 April 1994, the
Government of Bulgaria informed the Working Group that
the persons concerned had been convicted by the High
Court of Justice and sentenced to death on 25 April 1988.
On 8 August 1988, the State Council of the People's
Republic of Bulgaria had rejected the appeal and the
three individuals had been executed on 6 September 1988.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Nigeria. During the same period, on the basis of
information previously provided by the Government on
which no observations had been received from the source
within a period of six months, the Working Group
clarified the three outstanding cases, which concerned
persons who had reportedly been arrested by the Nigerian
police after what was termed in Nigeria "the May
1992 riots", against the Government's structural
adjustment measures. The Working Group was informed that
the persons concerned had been released.

During 1994, no new cases of disappearance were
transmitted by the Working Group to the Government of
Romania. The Working Group clarified the one outstanding
case, which reportedly occurred in 1990. The case
concerned a 15-year-old schoolboy who allegedly
disappeared in June 1990 in Bucharest. During the
reporting period, the Government informed the Working
Group that the boy had been found on 29 June 1994 by the
police of Caransebes. Reportedly, he had voluntarily left
his home because he was afraid of being punished by his
parents for his poor academic grades. He left Bucharest
to go to Tulcea where he worked, under a false identity,
for a private entrepreneur and a shepherd. He then went
to Caransebes, looking for a better paying job. The
Government reported that he is now back with his family.
The source confirmed this information and the Working
Group considered the case clarified.

The phenomenon of enforced or involuntary disappearances
continues to be a major problem affecting many parts of
the world. What makes the problem of even greater concern
today is the fact that the phenomenon is now prevalent in
an increasing number of countries, spreading to areas
which not long ago could claim to be immune from it. The
Working Group's lists for 1994 reveal that there have
been as many as 73 affected countries, almost double the
number the Working Group had to deal with only five years
ago.

The total figures for disappearances worldwide is
certainly far bigger than is known at present.

The Working Group would therefore like to take this
opportunity to emphasize, once again, that the Commission
for Human Rights should remain alert to the problem and
take whatever steps are deemed necessary, particularly
preventive measures, in order to stem the spread of this
very grave crime.

It should be mentioned that the problem of disappearances
tends to arise under certain given circumstances.
Whenever the political situation becomes so unstable as
to result in internal conflict, many Governments resort
to the technique of disappearance as a means of bringing
the situation under control. Far from doing so, it leads
to an inevitable reaction and therefore to more
oppression and more disappearances.

The Working Group is of the opinion that the Commission
should exercise its best efforts to ensure that all
members of the international community abstain completely
from making use of disappearances as an instrument for
dealing with any form of internal disturbance or
opposition.

It should be noted that recently, and particularly during
the year under review, the level of cooperation extended
by Governments to the Working Group has been quite
satisfactory. One or two Governments which in the past
declined to extend such cooperation, for example Angola
and Morocco, have now opened a fresh page in their
dealings with the Working Group. However, there still
remains a group of countries from which the Working Group
has heard nothing, in spite of its persistent letters to
them, as well as other forms of contact.

That Governments are increasingly setting up mechanisms
to seek clarification of reported cases of disappearance
within their territories is a development which, prima
facie, demonstrates their intention genuinely to grapple
with this unfortunate situation and, it is hoped, end it
completely. The experience of the Working Group indicates
that, in such cases, the investigations, enjoying the
wholehearted support of the Governments concerned, attain
more and more productive results. For its part, the
Working Group commends these efforts and recommends that
the Commission encourage their increase in all regions of
the world.

On the other hand, the true objective of the Working
Group, which is to achieve a clarification of each case
of disappearance, is not being achieved with sufficient
speed. This is because, generally speaking, the
Governments involved tend to undertake their part of the
process with a slowness which, in the opinion of the
Working Group, is undesirable. They should consider it
unacceptable that some of their own citizens should be
subjected to untold pain and pressure - made all the more
intolerable when news about the fate of the disappeared
is not forthcoming to their families. In addition, all
Governments should make a special point of employing
whatever time, effort and resources it takes, using all
available legal and other means, to achieve speedy and
truthful clarification of such cases.

The adoption of the Declaration on the Protection of All
Persons from Enforced Disappearance on 18 December 1992
was a milestone in the united efforts to combat the
practice of disappearance. It reflects many proposals and
recommendations which the Working Group had adopted over
the years and constitutes an important basis for the
further work of the Working Group. In addition to its
traditional task of assisting families to trace their
disappeared relatives, the Working Group considers it its
task to make the Declaration better known and to monitor
States' compliance with its provisions.

Governments seem, however, not to be fully aware of their
responsibilities under the Declaration. Only
exceptionally have efforts been undertaken to incorporate
the act of enforced disappearance as an offence with
appropriate penalties in domestic criminal codes. The
same is true of the right to a prompt and effective
judicial remedy as a means of determining the whereabouts
or state of health of persons deprived of their liberty,
the right to have complaints concerning alleged
disappearances investigated promptly, thoroughly and
impartially by an independent State authority, and
similar provisions aimed at preventing, terminating and
investigating enforced disappearances. The Working Group,
therefore, recommends that the Commission call upon all
States to implement fully the provisions of the
Declaration and that it establish an effective
international procedure to monitor States' compliance
with the provisions of the Declaration.

It is self-evident that the Working Group cannot ensure
the full and successful implementation of its mandate
without the dedicated cooperation of the many
non-governmental human rights organizations which
collaborate so closely with it. Special mention should be
made of their abiding concern for all aspects of the
problem of disappearances. They have contributed
immensely, and the Group believes that they will continue
to contribute, to the understanding and the resolution of
this problem. Their assistance in elucidating issues such
as "impunity" and their effective contribution
to the achievement of the aims of the Declaration, are
two examples of their dedicated efforts.

The usefulness of non-governmental organizations to the
international community in realizing its objectives
cannot be over-emphasized. The spread of such
non-governmental organizations or the establishment of
new ones even in parts of the world where they were
hardly talked about in the recent past, attests to their
indispensability in the overall scheme of international
action.

The Working Group wishes to express its sincere
appreciation to these bodies and encourages them to
continue to pursue their roles as faithfully as possible.
It also calls upon Governments to recognize their real
worth, to refrain from subjecting them to harassment and
reprisals, and to make it possible for them to realize
their legitimate objectives from which, in the final
analysis, everyone stands to gain.

This chapter cannot be closed without yet another
reference to the secretariat, which has serviced the
Working Group so well since its establishment 14 years
ago. But the Working Group's gratitude remains
incomplete, if not defective, unless it ensures that
difficulties encountered by the secretariat are
expeditiously addressed so that it can be spared some of
the stress under which it is forced to exercise its
functions.

For the past nine years, the Group has persistently
called on the Commission to authorize the allocation of
additional resources which would place the secretariat in
the position of responding to the overwhelming
responsibilities it has to face. And nothing happens.

It has been sufficiently demonstrated that the phenomenon
of disappearances is on the increase and is spreading
from one part of the world to another. The Working Group
would have failed the international community and the
cause it was established to serve if it had omitted to
bring this pressing problem to the urgent attention of
the only body which can solve it. It is sincerely hoped,
in fact expected, that the Commission will now take the
corrective measures which have been left in suspense for
so long.

1. To what extent has your Government made a copy
of the Declaration available to the legislative,
judicial and administrative authorities in your
country as well as to the public at large?

2. What specific legislative, administrative,
judicial or other measures have been taken by your
Government in implementing the Declaration, in
particular in the area of prevention and prosecution
of those responsible?

3. What is the time frame within which persons
deprived of their liberty must be brought before
judicial authority?

4. What is the maximum period a person can be held
in incommunicado detention?

5. Does a detained person, or his or her counsel,
have the right to institute proceedings, at any time,
before a judicial or other authority to challenge the
lawfulness of his or her detention?

6. Is information on the detention of persons and
their places of detention, including transfers, made
promptly available to their family members and
counsel and other legitimately interested persons?
Does the detainee have the right to notify his or her
family of his or her arrest, detention or transfer?

7. Does your Government maintain an official
up-to-date register of all persons deprived of their
liberty in every place of detention? Does the State
maintain similar centralized registers? To whom are
these registers made available?

8. When a person is released from detention, what
safeguards are provided by your Government to ensure
that his release can be verified and that his or her
physical integrity has been respected?

9. What are the provisions in your national
legislation which indicate which officials are
authorized to order deprivation of liberty and under
what conditions can such orders be given?

Note:

1. Since its creation in 1980, the Working Group has submitted
a report to the Commission annually, starting at the Commission's
thirty-seventh session. The document symbols of the last 14
reports are as follows: E/CN.4/1435 and Add.1; E/CN.4/1492 and
Add.1; E/CN.4/1983/14; E/CN.4/1984/21 and Add.1 and 2;
E/CN.4/1985/15 and Add.1; E/CN.4/1986/18 and Add.1;
E/CN.4/1987/15 and Corr.1 and Add.1; E/CN.4/1988/19 and Add.1;
E/CN.4/1989/18 and Add.1; E/CN.4/1990/13; E/CN.4/1991/20 and
Add.1; E/CN.4/1992/18 and Add.1; E/CN.4/1993/25 and Add.1;
E/CN.4/1994/26 and Corr.1 and 2 and Add.1. [back to the text]